A slip and fall injury is primarily a work site hazard or on-the-job issue to look out for, but it can happen anywhere. There are different factors to understand if you can receive payment for your injuries in a slip and fall accident. There are several things to consider concerning your case before pursuing a lawsuit.
Through the initial consultation process, the attorney can advise if all the factors are there to file a claim. In every aspect, negligence should be at the top of the list. The case could be an open-and-shut win for the client if the property owner’s negligence is spotted without a reasonable doubt. This article will help with the importance of knowing your rights and what things to consider before and during filing a lawsuit claim.
Explaining the Slip and Fall Liability
The property owner’s insurance must cover the slip and fall liability or pay out of pocket to a certain degree. Many people take the system and sue everyone for anything they think is someone else’s fault. Every state has different laws, but some must understand that just because they fell on someone’s property doesn’t mean they will get compensation for their injuries. Some primary things are taken into consideration by the courts in slip-and-fall cases. The first is the negligence of the property owner. The second is the person who fell at fault.
Negligence of the Property Owner
To file a legit claim, the property owner must be negligent in the slip and fall liability. There are four elements to negligence:
- Duty: Property owners must keep the property safe for themselves and others.
- Breach: The property owner did not uphold their obligation.
- Causation: Due to the violation, injuries occurred to the client.
- Damages: The client suffered injuries.
Businesses and mortgaged homes must have insurance that covers injuries from those who have associations with the homeowner or business owner. They fight claims in any way they can, and it takes lawyers with extensive knowledge and strategy to go up against these companies. Remember that the insurance company is not in business, and it is essential to help those with injuries.
Negligence is the key and the immediate answer to telling if there is a case or not. Negligence against the property owner and witnesses is the biggest plus for the plaintiff to win a slip-and-fall case. On the property, these are some of the things that can cause slips and falls, which can be due to negligence of the property owners, especially if they knew about the hazards for an extended period and if there are witnesses.
- Faulty steps or stairways
- Uneven floors or cement
- Spills or wet walkways
- Excess trash or debris on the ground
- Holes
How Partial Negligence Can Affect a Claim
In situations where the property owner is entirely to blame for an accident, it is easy to win these claims, even though the insurance company will fight back to avoid payments. Ultimately, they realize that the best thing they can do is settle outside of court. But what happens if the property owner is not entirely at fault?
Not every accident can be avoided by the property owner. They can provide for their duty by warning others of any hazards or dangers that could cause a slip and fall injury. A prime example would be a spill or a wet floor where someone is mopping.
It is the duty of the person mopping or cleaning up a spill to post signs, block off walkways, or do whatever they have to do to keep people safe. If the by-standard who slips and falls is forewarned of the impending danger or hazards and still goes through the area and injures themselves, then the property owner is not entirely at fault. Some states will reject slip-and-fall claims where the property owner upholds the duty by warning the public.
The only way the plaintiff can win these cases is if the signs are not in a visible area or if there is no one directing those walking by to inform them of the danger. Those situations would also fall on the duty of the property owner.
What If the Person Injured Is At Fault?
Suppose the property owner did and fulfilled everything humanly possible to prevent injuries. Suppose the person injured in a slip and fall accident goes to areas where they are not supposed to or not paying attention to their surroundings, or is distracted with a cell phone or something else. In that case, they may find themselves paying for their injuries.
If the person injures themselves due to negligence, the courts will not favor them. Therefore, avoiding filing a lawsuit and paying for the injuries and recovery time on your own would be best. Some states have laws to protect property owners from this type of claim.
Another example would be if the injured party was walking on a sidewalk and decided to save time and cut through the flowers and landscaped area. It is their fault if they fall because they are not supposed to be in that area.
The banged-up knees and elbows are not worth taking shortcuts for a fall to gain compensation. The insurance companies would have the upper hand against the accident victim. Once the facts are drawn up for the attorney, they can assess the situation and advise if pursuing the case is worth the time and effort. Only 100 percent of negligence cases against the property owner with witnesses are a guarantee of a sure win in court or with a substantial settlement.
Contact Trapp Law, LLC. for Slip and Fall Cases
Trapp Law, LLC is knowledgeable about handling these situations if you need an attorney for slip and fall cases. The general issues will be reviewed and monitored during the initial consultation, and the steps to gaining compensation for your case will begin progressing. Trapp Law, LLC is available to assist. Contact us immediately!