The legal professionals, Joe I. Zaid & Associates, have noted that slip and falls are the most common claims brought to a courtroom.
Slip and fall accidents can happen in and outside of homes, on campuses, in stores, around parking lots, and any place where one may be a guest or visitor.
Why You Should Hire an Attorney
If you’re bringing such a premises liability claim, you have a high chance of winning your case by hiring an attorney who has experience and success in such cases.
A knowledgeable lawyer who thoroughly understands the legal intricacies of slip and fall accidents will be able to help you determine if you do have a cause to bring suit. If you do, it will ensure that you will receive the compensation you are entitled to recover.
Grounds For Filing a Claim
There are specific conditions that must be met to file a slip and fall lawsuit. Just because you fell and managed to hurt yourself does not mean that you should pursue a personal injury suit.
There has to be a “dangerous condition” on the property on which the accident occurred.
Such a condition must have posed an unreasonable risk in its potential to create situations that might lead to harm and injury to someone coming onto the property.
Also, the property owner needs to know the risk and must not have taken precautions to prevent injuries or harm to guests entering the property.
Even if all of the above criteria are true, one may still not have sound footing to file a slip and fall lawsuit. That’s because the injured person also bears some responsibility for their injuries.
If the injured party did not attempt to avoid the risk, or if the threat was obvious, or if the injured party did not acknowledge it, the person injured does not have grounds for a slip and fall suit.
What a Reasonable Owner Should Have Done
Joe I. Zaid & Associates will also have to consider what a reasonable property owner should have done in connection with the risk.
To win a slip and fall lawsuit, you must determine whether someone did or did not act negligently.
Questions That Your Lawyer Will Need to Ask May Include
Was there a preexisting condition known for a substantial amount of time or that the property owner should have known about and could have done something about it?
What was the reason for the hazard, and was it a valid one?
For example, if the floor was slick because it was just mopped, that may negate your ability to sue.
Was there a procedure, and was it followed for inspecting the premises regarding hazards?
Was there a barricade or warning sign used to keep people out of the area or alert them about the hazardous situation?
In the case of the “dangerous condition,” what might have been done to eliminate the cause of the injury or make it less dangerous?
Thus, the property owner’s action or lack of action or the person who may be liable for your injuries is an essential aspect of your slip and fall case.
A victim who disregarded warnings, who was careless, or decided to take the risk purposefully may be held responsible for the injuries resulting from their decision or carelessness.
For someone to bring a slip and fall case to court, two essential elements must be present:
- The responsible party must have been negligent in their duty, and
- The victim must have suffered physical injuries
Under what conditions may your slip and fall attorney prove negligence and liability on the part of the property owner or the person who is in charge of the property?
It is your lawyer’s job to carefully assess the determining factors that led to the mishap and someone being negligent.
The responsible person may be held liable for your accident if the condition existed for some time or if the owner knew about the situation and did nothing about it.
However, for them to bear responsibility, in this case, it must be proven that a reasonable person has foreseen the consequences of not correcting the problem.
For example, if the lights on a staircase were not working, making the steps dangerous at night, and the property owner was aware of the situation and did nothing to correct it in a timely fashion, they could be held liable for your injuries.
Likewise, suppose a pipe bursts in a supermarket, causing a dangerous situation for those walking in the area. The responsible party allows the situation to continue without attempting any remedy, such as redirecting foot traffic, fixing the pipe and cleaning up the hazard, or posting warning signs and using barricades in the dangerous area. In that case, they may be found liable for one’s injuries.
Also, if a property owner does not adhere to specific safety laws, regulations, and rules, they may undoubtedly be found guilty in a personal liability lawsuit.
Such violations may include not installing railings on staircases, not adequately lighting dark areas, and, generally speaking, not following building and safety codes.
What Your Attorney Will Do
A slip and fall attorney will determine if you have a viable claim.
Suppose it’s determined that you do have a foundation for a claim.
In that case:
- They will thoroughly investigate the accident,
- Read any accident reports,
- Review your medical records in connection with the problem, and
- Interview any witnesses
A savvy slip and fall accident lawyer will attempt to settle your case out of court, thus saving you time, money, and stress. Your attorney will also ensure that any such settlement is fair to you, and before accepting a payment, will get your approval.
Contacting Our Personal Injury Attorney’s
If you are a victim, then the attorneys, Joe I.Zaid & Associates, are ready to work on your case.
If you have been the victim of a property owner’s negligence and feel that you may have a viable claim for a personal injury lawsuit, contact our law offices (281) 990-5200.
Upon contacting you, a trained and experienced professional from our legal team will set up a free, no-obligation consultation. It’s at that time, during the consultation, that we will evaluate your claim and advise you as to your next steps.
Our slip and fall accident attorneys firmly believe in your right to pursue justice through the legal system and be awarded just compensation. Contact us today to make sure that does happen.