Slipping, Falling And Tripping Injury Lawyers
Most of us will slip and fall from time to time, though we usually escape any kind of severe injury. Unfortunately, not everyone is so lucky and thousands of people are injured or killed as a result of slip and fall accidents every year.
While slip and fall accidents have a reputation for being an easy way to create a lawsuit, the reality is that they can be quite complicated to prove. It is important that you or your lawyer are able to determine fault or liability on the part of the property owner, whether it is an individual, a business owner, or the government.
How Can Fault Or Liability Be Determined?
There will be some instances where false is very obvious and if certain measures had been taken, the slip, fall, or tripping injury would not have occurred. An example of this would be if an individual walked into a building and tripped on a wet floor that was being watched, with no warning in sight. Another common example of a situation where liability would be easy to prove is when a company has been warned in the past about a potential danger yet did nothing to correct it.
Of course, an individual has a certain responsibility to take care whenever possible, so the injured party may not be completely devoid of responsibility. When a person who is inebriated slips or falls on a surface that causes no problems for the average person, it is likely that the property owner might not be at fault.
Another consideration that is often taken into account with these kinds of injuries is whether or not the victim knew about the danger prior to the accident. If the victim knew that there was a potential for danger yet they continued ahead, then the property owner might not be as liable as they would otherwise be.
What Kind Of Slip And Fall Injuries Can Occur?
Slip and fall injuries commonly fall into one of several different categories, depending on the particular situation. It is common for people to slip on wet surfaces, or fall over uneven surfaces. Injuries that occur as a result of:
- falling debris,
- ice for snowy conditions, or
- lack of adequate lighting can also be considered slip and fall injuries.
What most of these slip and fall injuries have in common is that they are unavoidable by the victim and could have been avoided by the property owner. Even though conditions such as water, ice, and snow are often a factor, if it can be proven that the property owner could have taken precautionary measures, then they might be at risk of a lawsuit.
How Can Fault Be Determined?
Assuming that the victim’s injuries can be proven to be a direct result of a slip, fall, or tripping injury, then it will still need to be to determine if the property owner acted in a reasonable fashion to help protect against this kind of injury.
If a property owner has been repeatedly warned of a potentially dangerous situation yet they avoided rectifying it, then the court would likely rule that the property owner did not act with prudence or reasonableness. On the other hand, if the victim knew that a stairwell in their building had very poor lighting yet they never contacted the property owner, then it might be unrealistic to expect all of the blame to be put on the property owner.
The term “slip and fall” implies that this kind of injury might be very minor indeed, when that is often not the case. A simple slip and fall on a wet surface in a grocery store can result in broken bones, a concussion, permanent brain injury, or death. Tripping over and uneven surface on a school playground could be potentially life-threatening to a small child, and could result in a very substantial settlement.
A lawyer will be able to tell you if a lawsuit for your slip and fall injury is worth pursuing, based on the information that you provide. This is generally referred to as the financial feasibility of a lawsuit and is based on the severity of the injuries, the culpability of the victim, and the reasonableness with which the property owner acted. If the injuries are substantial and the victim did not substantially contribute to the cause of the injury, then a lawyer will be able to determine if a lawsuit is advisable.
Is A Slip And Fall Lawsuit Worth Pursuing?
If you have been injured physically as a result of a slip and fall injury and you are continuing to incur costs, then it may be worth your while to discuss your case with a lawyer. They will be able to provide you with additional information on whether or not your case is worth pursuing.