While a slip and fall injury is always unfortunate, it’s not necessarily a legal matter. Here are the circumstances in which lawyers typically recommend that you sue if you’ve been injured in a fall.
Do I Have a Case?
To recover monetary damages in a slip-and-fall accident, you have to prove that the fall was caused by negligence on the part of the property owner or tenant. This means that something they did or failed to do led to the slip and fall. The judge usually considers how long the hazard was present and whether the property owner or tenant had sufficient time to mitigate the hazard before the incident occurred. A personal injury attorney from a firm like Knafo Law Offices can help you get to this point.
In some cases, the judge rules that the injured party has partial responsibility for the accident, resulting in a smaller judgment. For example, if you were found to be 20 percent responsible for your fall, the monetary award would be reduced by 20 percent. When deciding negligence in a slip and fall, the judge would consider issues such as why the floor was wet, if it was unreasonably wet, how long the slippery substance had been present, whether there was a warning sign, whether you knew that the floor was slippery, and whether the store owner was aware of the condition and had time to correct it.
Certain states prioritize the injured party by degrees; for example, it would be more difficult for an adult trespasser to prove negligence than it would be for an invited guest. In other states, the standard for proving negligence is the same no matter who was injured.
What Damages Can Be Recovered in a Slip-and-Fall?
If the property owner or tenant was to blame, they may be liable for covering the cost of your current and medical expenses, medical treatments, physical therapy, lost wages, pain and suffering, and even damage to your familial relationships.
Who Is the Suit Brought Against?
The person responsible for the injury depends on the hazard that caused the fall. For example, a fall caused by a structural issue in the building would be the fault of the building’s owner. By contrast, in a rented storefront where you slipped on a puddle that hadn’t been mopped up, the tenant would be responsible.
If you’ve suffered a slip and fall injury that impacted your health, consult a personal injury attorney. He or she can help you determine whether you have a case.
This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, and family issues. She lives in Arizona with her husband and three beautiful daughters. You can find Dixie on Facebook.