Guide to Slip-and-Fall Injury Claims: Important Things to Note

Slips and falls are common accidents for which victims can file a lawsuit. If you were on someone’s property and got injured, filing a lawsuit may help you recover compensation.
However, claims like these arise under premises liability; thus, you must prove that the property’s owner is at fault. Below is a guide to filing slip and fall claims to help you understand your legal right.
Proving Negligence in Slip and Fall Claims
To win a slip-and-fall lawsuit, you need to prove that the owner or occupier of the property was negligent. That is, they failed to fulfill their duty of care, which created conditions that directly resulted in your fall and injuries.
Difference Between Owner and Occupier Negligence
Proving negligence in slip and fall cases can be hard because sometimes, the person occupying the property is not the owner. Thus, you must first understand which party is responsible for maintaining the space. You also need to know what types of failures the court will consider negligent.
Property owners are obligated to maintain their premises and to fix hazards promptly. If they are aware of a hazard on their property and fail to fix it, they can be liable for resulting falls. Even if they do not fix it, they must provide adequate warning.
Likewise, occupiers of a property are obligated to keep their premises reasonably safe. They must also correct any problem in the space they are renting or warn others of the risk. If they cannot fix the problem, they must inform the property owner.
When to File a Case Against an Occupier and Property Owner
You can file a slip-and-fall lawsuit against the occupier and property owner when injured in a rented space. However, you have a claim against the property owner if:
- They had maintained control over the property
- They rented the property out, being aware of associated hazards but failing to disclose them, or
- The lease agreement says the owner will be responsible for certain maintenance and repair tasks they failed to fulfill
Hazardous Conditions That Result in Slip and Falls
Hazardous conditions can lead to a slip and fall, including wet floors, uneven flooring, poor lighting, potholes, and loose flooring material. Other conditions include:
- Bulging carpeting
- Spills that are not cleaned up
- Unsalted icy areas
- Cords in walkways
- Trash on the floor
Property owners and occupiers must fix or warn others of the dangers when these conditions arise. For instance, if a store employee washes a floor, they must put up a sign that says “wet floor” to warn patrons.
Conclusion: know How Much Your Case Is Worth
A few factors can affect how much your slip and fall case is worth. These include whether or not you share responsibility for the fall and the cost of your medical bills. They also include the severity of your injuries, if they prevent you from working, and how the insurer calculates pain and suffering.
“Having an attorney for a slip-and-fall case is paramount to ensure you get what is due. Your lawyer will handle the legal matters and may be able to prove the defendant’s negligence and negotiate a settlement,” says attorney Charles W. Whetstone, Jr. of Whetstone Perkins & Fulda.
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