In a personal injury lawsuit where a person who is injured during a fall is referred to as a “slip and fall”. The vast majority of these lawsuits are categorized under “premises liability”, where individuals file claims for their injuries. An injury that happens as a result of a slip and fall almost always takes place on the property of someone else. Because of this, the owner of the said property (referred to as “premises”) can be held legally liable for the injury occurring there.
Many factors may lead someone to slip and sustain injury. Inadequate lighting, broken or raised flooring, narrow walkways or ripped carpet can be a factor in why someone lawsuit slipped and fell. This applies to someone falling while walking a public sidewalk or even walking down a stairway. A slip and fall injury can even occur when someone slips outside due to the weather or unmaintained roads. For more additional information check out trevinolaw.com on what to do if you suffer an injury.
In all slip and fall cases, one must have suffered some form of harm, even if it was a minor injury, in order to be eligible for compensation.
You Must Prove Fault for Lawsuit
When someone slips and hurts themselves, there is no perfect method to identify who is legally liable for someone’s personal injury attorney. Each slip and fall claim depends on whether the owner of the property took the necessary precautions to prevent someone from falling and if they were negligent in failing to notice or avoid the situation that caused your accident. There’s a few things anyone contemplating whether to file a lawsuit against someone for this type of injury, which we offer up below.
A person hurt during a fall on property owned by another must usually show that the cause of the accident was due to the owner’s negligence due to something that was dangerous and should have been addressed. That hazardous condition must also pose a risk to anybody on the premises, and it must be one that the injured party could not have expected. People must be aware of and avoid those threats.
To prove that the property owner was aware of a harmful situation, they must establish that it was manufactured by the owner; the owner was aware of the problem yet did nothing to address it, and the danger was there for so long that the owner should have noticed and repaired it before the slip and injury occurred.
Another way to prove their liability, the property owner must have known that their carelessness would result in the risk at hand.
The Parties Responsible
There must be a responsible person whose carelessness caused the accident in order to recover from a slip and fall injury incurred on someone else’s property. This may seem self-evident, yet many individuals lawsuit is lawsuit unaware that some injuries are just accidents brought on by their own negligence.
Property Categorized as Commercial
When it comes to a commercial property, the owner of a business must do the following to be legally liable for injuries caused by a slip and fall injury:
– The property owners or businesses must have caused the slippery surface under the person’s feet.
– They must have been aware of the hazardous surface but failed to correct it. Or, should have been aware of the lawsuit danger because a property manager would have found it and fixed it before the injury happened.
– The most important reason is that liability is determined by simple common sense. The law evaluates whether a property owner or business owner was cautious by determining if the efforts taken to keep everything safe were also reasonable.
When a slip causes an injury on commercial property, a variety of persons or companies may be held liable for an individual’s injuries.
Hiring Legal Help
Any individual seeking to file a legal claim against a property owner should do so with the help of expert legal professionals. Keep in mind that laws vary from state to state, so find the best attorney or firm in that area. If it was slip and fall injuries in Jersey City, the attorney you consult with should specialize in these types of cases in Jersey City, or New Jersey in general. Doing this will give you the best chance at getting a favorable result from your claim.