How a Personal Injury Lawyer Can Help After a Fall
Thousands of people are seriously injured in slip and fall or trip and fall accidents every year. Many people do not think anything of injuries after a fall; however, they may have a legal claim.
If you fall on someone else’s property, the property owner may be responsible for the results of that fall, including medical bills, lost wages, and other related damages. A personal injury lawyer will be able to explain whether you may have a legal case related to your fall.
Responsibility After a Slip and Fall Accident
Even if you slip and fall on someone else’s property, they may not always have legal responsibility. There are some hazards on other people’s property that have a vital purpose, even though they may be dangerous. Sprinkler systems or drains are a common example.
You must prove a few vital aspects of the claim to qualify for compensation. Each case is a little different, however, so you can show any of the following and still have a valid claim for a slip and fall or trip and fall.
- The owner of the property caused the hazardous condition (spill, worn or torn flooring, or another dangerous surface).
- The owner knew about the condition or spill but did not do anything to correct it.
- The owner should have known about the condition because a “reasonable” person would have known about it if they were taking care of their property properly.
Each of these situations requires you to present slightly different evidence. Your personal injury lawyer will be able to help you gather and present the evidence you need to prove one or all of these situations. Such proof might include:
- Showing that the condition had been there for some time
- Explaining that the property owner had no procedure for examining his property
- Facts that show the object or hazard had no legitimate reason to be where it was
- Showing that there were no warnings or signs around the hazard
- Showing that the lighting was poor and could have been improved
Fending off Defenses to a Slip and Fall Claim
Slip and fall claims have a variety of defenses, and your lawyer will be able to build your case in a way that will attempt to stave off these defenses as much as possible.
One of the major concerns in a slip and fall case is whether you were just careless at the time of the fall. If you were looking at your phone, and not watching where you were going, that can be a defense to a slip and fall case. Your case will also likely touch on:
- Whether there were warnings about the dangerous condition
- Whether the hazard was “open and obvious” (a reasonable person would have seen it and walked around it)
- Were you on the property for a legal or appropriate reason?
- How were you traveling? (running, walking, jumping, etc.)
Your attorney will help you describe your situation so that you can show that you were careful at the time of the injury.
Slip and fall cases can be tricky, so it’s important to have a skilled personal injury attorney on your side. Contact Jim Glaser Law to schedule a free consultation to discuss your potential trip and fall case.