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