A slip and fall injury accident is defined as any time when an individual receives slip and trip injuries or outright falls and obtains an injury. The severity of the injuries may vary. The issue becomes complicated when one is attempting to find out what makes a slip and fall accident a personal injury case.
It can be difficult to show that the owner of the property caused an accident to occur and hold them accountable for the subsequent injuries. However; there are some general guidelines:
First off, the property owner must have acted in a careless manner in regard to his or her property. For example: was there something which should have been fixed and was not, like a broken step or cracked sidewalk? If not, did this condition cause the slip and trip or fall-related injury accident?
Secondly, the person who experienced the accident must be able to show that they acted in a careful and honest manner (ie. whether or not they fell or are manufacturing the story for personal and financial gain).
To be legally responsible for slip and fall injuries, the owner must have done several things. Firstly, they must have caused the source of the fall, whether it was due to a liquid which caused slippery floors or carelessness in item placement (such as leaving pencils lying about which can easily cause a serious fall). Secondly, they must have done nothing to mitigate harm once the source of the fall had been caused and identified (such as spilling soapy water on a slick floor and then just neglecting it). And lastly, they should have known about the source and potential situation and then done something about it.
This last inclusion is common for a personal injury attorney to pursue in a lawsuit but it is also one of the hardest to prove: “Should have known.” When, why and how they should have known are very difficult things to show and demonstrate. If you have suffered a fall and one of these things can be proved, contact a personal injury attorney immediately.
Our experienced team can asses your situation and help you to determine the proper course of action for your slip and fall injury case. Contact the law offices of Jeffrey Dawson for a free consultation.