What Constitutes a Viable Slip and Fall Case

Posted by on Jun 18, 2017 in Premises Liability | 0 comments

A slip and fall accident happens when a person slips and injuries himself. The owner of the property where the accident has occurred may be held accountable for the damages, such as for the victim’s medical expenses, lost wages for losing time at work, and other financial burdens.

This is because of a legal concept called premises liability, wherein property owners are required to make their premises safe. Any act of negligence that has resulted into an accident can turn into a lawsuit. But what makes a slip and fall case viable?

Property owner has caused the slip and fall hazard

For a slip and fall case to be legitimate and winnable, an important factor to have is that the property owner has directly caused the slip and fall hazard. These hazards can take on many forms, such as defective escalators and elevators, slippery materials applied or left on the floor, tripping dangers like extension cords, and even trash and debris.

These hazards can occur because of many reasons, such as those mentioned in the website of Hach & Rose: the failure to adhere to safety regulations and failure to remove or warn of materials or debris on walkways.

A reasonable time has elapsed for the hazard to be seen and fixed

Negligence on the side of the property owner is the most important aspect of a slip and fall case. This negligence mostly manifests in two ways. First is the creation of the slip and fall hazard, as said earlier. Second is the failure to see or the lack of initiative to fix the hazard.

This second manifestation can happen on many instances, like when the property owner has failed to maintain its facilities, resulting into defects, or has failed to see problems just because of the lack of supervision.

A person has been hurt because of the unseen or unfixed hazard

For a slip and fall case to be truly viable, someone has to be hurt, resulting into various damages that could have been prevented if the property owner has not caused a slip and fall hazard and has failed to see or fix the hazard.

The website of the Sampson Law Firm has expanded on these possible damages:

  • Medical and rehabilitative care to recover
  • Unearned income during recovery
  • Long-term diminishment in quality of life
Read More

How Can a Place Be Dangerous?

Posted by on Feb 4, 2016 in Premises Liability | 0 comments

There is an adage old saying that people hurt people. This doesn’t necessarily have to be literally taken as there are indirect ways as to how people can actually cause harm to other people without really meaning to do so. Take, for example, the premise of premises liability.

Premises liability, according to the website of the lawyers with the Chris Mayo Law Firm, is a subset of personal injury that deals with injury that has been caused to a person due to improper care or negligent foundation of premises. Say that the premises in question willfully used asbestos during its construction and thereby exposed everyone within the vicinity to asbestos, causing multiple asbestos-related illnesses. It could even be as simple as the neglect to put a sign to say that the floor is wet and caused a slip and fall accident—it may not seem like much, textually, but if a fall is hard enough to have caused sustainable, debilitating injury such as epidural hematoma or paralysis due to a spinal cord injury, then it warrants legal action.

Personal injury is the legal terminology used in order to classify situations wherein one party was injured due to the negligent actions of another party. The injury itself doesn’t need to be physical in nature as emotional and mental injury such as clinical depression or Post-traumatic Stress Disorder (PTSD) that were caused by an accident that was due to negligent actions can also warrant legal action that constitutes as personal injury.

It can be complicated grounds to file for personal injury, however, as since it is quite a broad legal field. With the right kind of experienced professional help, however, the stress can be alleviated just as quick and you could have someone on your team who can get you the right amount of what you’re rightfully owed.

People can sometimes hurt people without them meaning to—that doesn’t mean they should get away with it.

Read More