How to know whether you are qualified for a slip and fall suit
Slip and fall claims are some of the most common personal injury cases, and many injuries that result from a bad slip and fall can have life-altering consequences, not to mention the costly medical bills. Injuries to the head and neck area, broken bones, back injuries, and deep lacerations can happen, and falls are one of the main causes of hip fractures. The older one is, the more dangerous a fall is for potential serious injury.
Despite how common it is to see slip and fall claims and how serious injuries can be from those accidents, it’s estimated that only 5% of cases go to trial. If you’ve experienced a slip and fall accident and wish to file a personal injury claim, then finding the right lawyer for a slip and fall case can mean the difference between winning in court and getting financial compensation or having to deal with the medical bills and burden of the situation yourself without meaningful recovery, if any recovery at all, from the defendant.
But before looking for a lawyer for slip and fall representation, you need to determine the validity of your potential claims and whether it meets the requirements of a viable typical slip and fall lawsuit or cause of action. Here, we seek to help you determine whether or not you have a basis for a slip and fall lawsuit and give you a better understanding of the action itself.
What is a slip and fall case?
A slip and fall case is exactly what it sounds like. It’s a personal injury case in which a person who falls after slipping or tripping at another person’s property and is subsequently injured seeks to hold the property owner liable for their injuries, damage and other harm. Thus, trip and fall lawsuits typically fall under a larger category of cases known as “premises liability” actions. In other words, the property owner can be held legally responsible for accidents caused by the dangerous conditions at their property.
This is the basis for every slip and fall lawsuit, but there is a lot of variation when it comes to what may have caused an individual to slip and fall. These often are things like wet or slippery surfaces, obstructions, uneven or inadequately lit walkways, small or cluttered walkways, and environmental/weather conditions.
Slip and fall lawsuit settlements are the agreements made between the person who experienced the fall (plaintiff) and the property owner (defendant) and represents the conclusion of the claim or litigation.
How to know if you are qualified or eligible to bring a claim
There are several different factors that determine whether or not trip and fall lawsuit settlements will be reached in a case. For a trip and fall lawsuit to be qualified, you will need to prove more than a fall occurred at another person’s property. In addition to proving that you sustained an injury because of the fall, you must also prove that the owner of the property where the injury occurred acted negligently.
In order to prove negligence in trip and fall action, it must be shown that a property owner failed to meet the duty of care to protect the personal safety of guests that is reasonably expected of them. For example, if a large spill occurs in a grocery store and it is not promptly cleaned up and/or a warning sign is not placed, a person who slipped and fell on the slick floor would be able to prove negligence. This would mean showing that the property owner didn’t act promptly and reasonably in addressing a hazard or safety concern on their property.
To establish that a slip and fall was the result of a dangerous condition, and that the property owner is liable, the following are critically important to show in your case.
• The owner created the condition; or
• The owner knew a condition existed and failed to correct it or take reasonable action; or
• The condition existed for so long that the owner should have noticed it and corrected it
Have you experienced a slip and fall accident at a public or private property that has left you injured? Let Whalen Injury Lawyers help determine if your case can qualify as a trip and fall claim, action or lawsuit. Contact us today to get the legal assistance you need.