Slip and fall accidents can be fatal to one’s life when a person suffers grievous hurt. Thankfully, if you aren’t hurt but still have fallen due to someone’s negligence, you should take the legal way.
But, you should first understand the meaning of a slip and fall accident. When you, or anyone, falls anywhere due to anyone’s negligence and carelessness on any property that belongs to the government or any private individual, you can seek a claim for such an accident. Also, commercial property accidents fall under this category. The best way to legally deal with such accidents is to contact experienced professionals from Calil Law.
Reasons For A Slip And Fall Accident
So, the basic rule that revolves around a fall and slipcase is that in these cases, the property owner on which this accident happens is likely liable for the incident. As an owner of the property, it is sad that such an incident occurs, but you have to furnish proofs of your non-negligence and steps that could have helped avoid the accident. The same rule applies to the person who has fallen and suffered injuries because of the same.
The most common examples of a slip and fall accident are unbothered leakages, wet floors, torn carpets that can lead to people tripping, and many outdoor issues like inadequate lighting in the area when it is raining or snowing, amongst others.
Dangerous conditions in various sports are the major reasons that give rise to such accidents. So, the possible reasons for such accidents are as follows:
Lack Of Reasonability In Actions
When you have been subject to slip and fall accidents and have sustained injuries because of the same, you have to look for evidence that proves a lack of reasonability in the property owner’s action. Poor maintenance of the parking lots and sidewalks is another thing related to the reasonability of the owner. You can use these points when you seek compensation for the injury you have suffered because of these things.
Carelessness And Clumsiness
You have to be careful of your actions when filing a suit for your claim. You should be vigilant of your actions, and if not, the compensation shall be comparatively less. Hence, you should either have legitimate reasons supporting your claim or furnish reasons behind your actions that can secure your position in the legal case.
How To Determine The Owner’s Liability
In all possibilities, it is a property owner’s duty to ensure that the property is safe and equipment is available that helps secure any issue that breaks out immediately. However, if prolonged issues are being ignored deliberately, the risks are higher of a slip and fall accident. In this case, the owner’s liability is high.
Different factors come across differently in each situation. Further, they have a major role in knowing whether a person’s conduct has anything to do with the case. Instead of being stuck in the middle, you can dig deep into your scenario and look for solutions that help secure the wrong that has been done to you.
Many laws follow the rule of comparative negligence. It is a defense that the owners use, and you should discuss the same with your attorney so that you have a strong case prepared for the compensation.
It means that any person contributing to the accident will receive reduced injuries and other kinds of punitive damages that the actual amount if the fault is proved. For example, if you are engrossed in your phone and are not paying attention to the warning sign, you will be liable for your action to some extent. But, it does not wipe off the liability of the owner completely.
When it comes to the owner, proper vigilance should be exercised, followed by reasonable actions. For example, if the floor is wet and there is no attendant to convey the same to people or the place does not have a warning sign, reasonability reduces, and liability increases.
Legal Steps To Fight Back
The fall and slip accidents are something that no one wants to witness. But, in a forbidden situation, if you have fallen on any property and have injured yourself because of the same, you can take the legal route.
Half of your work is done when you hire an experienced attorney that deals with personal injury cases. They know the right course for your case based on the facts and circumstances. The first tip for you is to tell all the true details of the case and the injury that can help in the case. There is no point in hiding anything or trying to cover your fault. It will eventually come out. If you tell it yourself, your attorney can prepare the defense accordingly.
Another tip for you is to research and get all possible information related to the incident. For example, if you have fallen because of water from a wall seal leak that has created a puddle on the floor. You should try to get information about the leak, like when the leakage is happening. If the wall has been leaking for some days and no action has been taken, it can be a reliable fact. However, if the leak has happened overnight, you cannot expect it to be worked upon early morning.
Also, you should cater to other things like whether a warning sign has been placed. You should secure the medical reports and doctor recommendations if you have an injury. Also, if there is any secondary evidence like picture or video proof, it will strengthen your claim.
Your insurance policy also has a major role in case settlement and compensation. You can be cross-questioned on the same; hence, you should communicate it to your attorney so they can guide you better. But all this comes down to one thing you have to be extremely careful of your conduct in public places.
Property owners tend to shift their liability on you in case of a slip-and-fall accident. Hence, you should be careful of your actions so that the accident does not happen in the first place. If it does happen, your vigilance will help you get justice through the first compensation and damages amount caused to you. Also, your actions will show whether you were comparatively negligent or not. Hence, if you and your claim are right, there is nothing wrong in taking the legal way.