What Constitutes As A Personal Injury Slip And Fall?
Typically, for an injury stemming from a slip and fall to be considered a personal injury case, there must have been negligence by the responsibly party that led to the circumstance under which your injury was sustained. Some common causes of personal injury slip and fall include:
- Wet or slippery floors. Whether caused by a leak, rain being tracked in, recent mopping, or a spill, if a property owner (or employee) was aware or should have been aware of the issue and failed to clean it up or direct individuals around the risk, then they can be found liable if you slip and fall.
- Broken railings. Property owners and property managers are responsible for the upkeep of their property.
- Raised or cracked sidewalks. Property managers and even city or county representatives or employees are responsible for the safe maintenance of their surround property and access points to the property they own or manage.
- Unsecured rugs or carpets. If you trip over an obstruction on the floor of someone else’s home or business, they could be liable for their injuries if precautions were not made to reduce the risk of injury.
- Uneven flooring. Small steps up or down in a home or place of business can be potential sources for an injury. These should be clear marked so that the slight change in elevation is noticeable to guests.
- Inadequate lighting. Proper lighting is important to help visitors see around your property when entering or leaving so that they can avoid marked or visible hazards in their path.
- Holes in the yard. Falling into an unmarked or unobstructed hole can lead to a twisted or broken ankle.
Any of these scenarios as well as other types of slip and fall accidents can cause varying injuries from a twisted ankle to a herniated disc. It is important to have your physician perform a through exam following a slip and fall accident to determine the full extent of your injuries.
Who Is Responsible For A Slip And Fall?
We’ve already established that slip and fall can be created as a result of dangerous conditions that are usually the result of negligence or lack of maintenance to the property.
Before a property owner or renter can be held liable for any injury sustained from a slip and fall accident, three main things will be considered:
The obligation (if any) the property owner had to the victim.
- Public spaces, including parks, or businesses, like restaurants and retail stores, that invite visitors for their intended purpose hold an obligation to their guests to regularly inspect the premises and warn visitors of any hazardous conditions – or better still, fix the existing hazards.
- Homeowners hold a slightly less amount of obligation to their guests. They are not required to regularly inspect their premises and should only repair or warn of dangers they are aware of or should be aware of.
Breech of Obligation
Was the property poorly maintained? Should the shop owner known that the water being tracked in from the rain could make their front entryway slippery? Was the homeowner aware of the loose banister? Were “wet floor signs” placed out after mopping? Did the homeowner advise guests to “watch their step” as they entered the home?
These questions are asked to determine if the property owner was or should have been aware of a risk (or potential risk) and if they failed to act accordingly to correct the problem or warn others away from the risk, then they can be found liable for the injuries that the dangerous situation causes.
The Extent of The Injuries
Injuries that are more serious are likely to lead to additional compensation for the increased cost of medical bills, rehabilitation costs, or loss of income that can stem from more serious injuries. Slip and fall injuries are also eligible for other damages such as pain and suffering or emotional distress.
Contact a Brandon Personal Injury Lawyer For Your Slip and Fall Injuries
Although not all slip and fall accidents can be prevented, some are directly caused by the negligence, ignorance, and carelessness of the property owner. When a negligent act (or inaction) leads to the injury of another person, it is only right that compensation is given to the injured party to cover medical expenses and other recovery costs include pain and suffering.
Contact us today and get a free consultation to review your slip and fall injury claim and how the personal injury attorneys at the Storay Advocacy Group can help you get the compensation you deserve.