Slip / Fall & Premises Liability
What qualifies as a slip and fall accident?
Although accidents do happen, in many cases they could have been prevented
if simple but important precautions had only been put into place. Slip
and fall accidents are a common type of claim, and, in premises liability
law, property owners can be legally responsible when an individual has
an accident on their property that results in injuries.
A slip and fall accident occurs when a surface is wet and slippery, causing you to lose your footing and fall. A trip and fall accident occurs when an object creates an unforeseen obstacle in your path, causing you to trip. Similarly, a step and fall accident occurs when there is an unexpected hole or uneven surface in your walking path.
Who is responsible?
It is the responsibility of a business owner or home owner to ensure that
their property is reasonably safe, in an effort to prevent dangerous
situations that can cause injury. If you, unfortunately, have an accident
and experience an injury such as a broken bone or torn ligament, I can
determine if you have a case, and, if appropriate, help you recover damages
for medical bills, pain and suffering, and lost wages.
The business owner or home owner is responsible for your accident if he directly caused the unsafe situation, was aware of the dangerous situation and did not take steps to correct it, or he should have known about the dangerous situation as a person taking care of the property. Depending upon the rules of the jurisdiction where your accident occurred, the actual liability of the responsible individual varies.
What should I do if I have had a slip and fall accident?
If you have been injured, report your accident first to the property or
business owner. Write down the names, addresses and telephone numbers
of anyone who witnessed the accident firsthand. It is helpful to take
pictures of the area where you had your accident, and the injuries you
suffered. Save all evidence related to your accident, including the clothing
that you were wearing.
After seeking immediate medical treatment for your injuries, keep copies of all of your medical bills, including those that are covered by insurance, and your work absence slips. You may choose to write down your concerns about the medical treatment you received or the pain that was caused by your injuries.
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