Injured Due to Dangerous, Negligent Conditions on Property
Slip/trip and fall accident lawsuits involve dangerous conditions and negligence. An unsafe condition, such as a slippery floor or broken handrail, may lead to an injury. However, not all slip and fall accidents lead to lawsuits. To recover damages for a slip and fall accident, you must show that property conditions were unsafe and the property owner knew about these conditions but did not address the condition appropriately. The personal injury attorneys at Parker Waichman LLP have decades of experience representing clients in accident cases, including slip and fall lawsuits. The firm continues to offer free legal consultations to individuals with questions about filing a lawsuit.
When suing for a slip and fall injury, the case must meet certain criteria to be valid. The injured party must show that they were injured due to dangerous conditions, such as a break in the cement or hidden hole, and that the property owner was negligent with regards to these conditions. The property owner must have notice of the conditions in order to be liable for someone’s injuries. A lawsuit may be filed when the owner had notice and failed to act, or acted in a way that was insufficient.
If the property owner had no way of knowing about the dangerous condition, negligence can be hard to prove. For example, you would have a difficult time recovering damages if you suffer a slip and fall injury while snow is still falling or just fell.
Seek medical attention and notify the property owner if you were injured in a slip and fall accident. Document your claims, including your injuries and any dangerous conditions (such as a wet floor). Since you only have a limited amount of time to sue, contact a personal injury attorney as soon as possible if pursuing a claim.
When Can You File a Slip and Fall Lawsuit?
A property owner is only liable when they had notice of a dangerous condition and failed to address it, or addressed it in a way that did not correct the conditions. For example, there are slippery floors in a shopping mall but the owner did not place a warning, clean the floors, or rope off the area. Or, the owner did clean the floors but did a poor job, still presenting unsafe conditions.
In another example, you are in an office building that has just laid new carpet. The carpet is not securely attached to the floor and you trip on the carpet edge, suffering an injury. You may be able to recover damages in a situation where you park your car in a parking lot, and then land in a hole when you exit the vehicle. The pavement was under repair but there were no warning signs or roped off areas to alert you to the unsafe conditions.
Slip and fall injuries caused by ice may be harder to prove. These cases are often considered to be accidents and not negligence, but there are situations where the injured party can recover damages. For example, you slip and fall on an icy surface on while walking on a municipal sidewalk. You may be able to file a personal injury lawsuit because the municipality undertook to clean the sidewalk but did so inadequately, creating an unsafe condition.
In these situations, the property owner had notice of the dangerous condition but did not act appropriately. Negligence is difficult to prove if the owner could not have notice of a condition.
Filing a lawsuit can recover damages for medical expenses, as well as past, present and future wages. Compensation helps pay for medical bills, such as hospital visits. You may also recover for lost wages if you needed to take time off from work for your injury, including sick days or unpaid leave. Depending on the severity if your injury, you may be unable to resume working for a long period of time. In serious cases, injury can even lead to permanent disability. In these scenarios, the injured party would also recover damages for pain and suffering and loss of enjoyment of life. For example, a slip and fall accident leads to paralysis or permanent nerve damage.
Legal Help for Slip/Trip and Fall Accident Victims
Parker Waichman has decades of experience representing victims injured by slip and fall accidents. If you or someone you know was injured by someone else’s negligence, you may have valuable legal rights. Our personal injury attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).