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Slip and fall refers to a personal injury case where a person slips, trips, and falls due to a hazardous condition on another's property. These cases typically fall under the "premises liability" category. The owner of property (or "premises") where the accident happens is generally responsible for liability. People could slip and fall due to many different conditions including torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor. This applies to anyone who trips on a broken or cracked sidewalk, or who falls down stairs. Similarly, an individual could slip or fall outdoors due to rain, ice, snow, or due to some hidden hazard, for example, a pothole in the ground. It is necessary for the plaintiff to suffer a harm of some kind, however minor, to be entitled to compensation. Slip and fall injuries must be caused by the negligence of other party in order to be covered by legal action. Some people are unaware that some injuries, if anything, are accidents that they cause, in part, through their own carelessness. The next step if you are considering a legal claim after slipping and falling on another's property is to consult with an experienced attorney. There is a strict time limit within which injury victims can file a lawsuit. It is important to speak to an attorney so you are aware of your options and know how to protect yourself. Miami Slip And Fall Lawyer.

Proving Fault In Slip And Fall Cases

man fallen on slippery floor

Generally, someone who falls as a result of a dangerous condition on someone else's property must prove that the condition caused the accident, and that the owner of the property knew about it. It must present an unreasonable risk for a person on the property, and it must be a condition that the injured party could not have reasonably anticipated under the circumstances. In order to fulfill this latter requirement, people must recognize and avoid obvious dangers. The following must be shown in order to establish that a property owner or occupant knew of a dangerous condition:

  • When a landlord (or their agent or employee) knew that a dangerous condition existed (such as a pothole or an uneven surface), they should have addressed it. There is a critical question here analyzing whether a reasonable individual would have recognized the condition as hazardous, and whether the defendant had adequate time to take action before the accident occurred.
  • Owners of a property (or their employees) caused the hazardous condition that led to slip and fall accidents-for example, by leaving an obstacle in a walking path-and it was fairly foreseeable that someone would trip and fall on the same.

For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue.

  • Suppose you tripped over torn, broken, or bulging carpet, floor, or ground, or slipped on wet or loose terrain. Would the owner have known about the dangerous spot?
  • Do the property owners have a routine procedure for inspecting, cleaning, and repairing the property? Do you have proof that the owner maintains his property regularly?
  • In the event you were injured from slipping on or tripping over something someone placed on or left on the ground or floor, was that object there for a legitimate reason? Would the object have been safer had it been removed or covered if the original reason for its presence no longer existed? Is there a place, or a way, the object could have been located more safely, without much greater inconvenience to the owner or operator?
  • Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
  • Did the accident occur because of poor or broken lighting?
  • Was there a valid reason, which the owner should have anticipated, for you to be in the dangerous area?
  • Would a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
  • Was there any warning that this spot may be dangerous?
  • Was there anything distracting you from paying attention to where you were going, or did you run, jump, or fool around in any way that might increase your risk of falling?

If you have been involved in a slip and fall accident, don’t be just another statistic contact us as soon as possible to be connected to experienced Slip And Fall Accident Lawyers in your area.

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