If you have fallen and sustained an injury, your rights and
safety may have been compromised. Slip and fall accidents can occur inside or
outside, at places of residence, business, or at a public place. Each year
thousands of people suffer serious injuries as a result of a slip and fall. A
slip and fall accident is one where an individual sustains an injury by
slipping (or tripping) and falling due to reasonable care not being taken by
the land or property owner. This type of accident falls under premises
liability, which states that the possessor of land has a duty to use reasonable
care to keep the premises in safe condition for all people present on the
premises. A breach of duty of care makes the defendant or landowner liable for
the injuries that may occur as a result of their negligence.
Premises Liability
- The defendant must possess the land or
"premises”.
- The person must be lawfully on the property (an invitee,
licensee, etc.).
- There must be a breach of the duty of care or
some other wrongful act.
Dangerous Conditions
There are a number of dangerous conditions that may
conceivably be the cause of a fall or injury. Cases include falls caused by
cracked or uneven stairways, portions of cracked or uneven sidewalk, wet
floors, or the presence of another substance or object that caused the
plaintiff to fall. Any situation that could (or should) have been prevented
with the use of reasonable care will result in a liability. Homeowners and
places of business are expected to remedy situations where conditions may lead
to an injury, such as wet floors.
Often times, slip and fall lawsuits are glorified by the
media, with the focus of the story centered on the settlement amount. However,
the victims of this type of negligence often suffer serious injuries that
endure long after the settlement process is over. The compensation that slip
and fall victims receive is meant to help the plaintiffs adapt to the
challenges that their injury has caused them moving forward. These people are
far from lucky and often times, no monetary amount can sufficiently reimburse
them for their diminished quality of life.
If you or a loved one has suffered a slip and fall injury,
your rights, health, and safety may have been jeopardized by the owner of the
property. If your fall could have been prevented with reasonable care or proper
signage, it is possible that you could be entitled to a damages award. Contact
a lawyer and seek medical attention as soon as possible to ensure you take the
necessary steps to protect your claim and your rights.