It’s safe to say that every human has slipped/tripped and fallen at least once in their life. Most likely, this incident did not cause any serious injuries, and the person can go about their life unscathed. However, every once in awhile, a serious fall happens with serious injuries incurred. This could range from broken bones to a traumatic brain injury that results in a lifelong disability. Following a catastrophic slip and fall incident, the injured party or their loved-ones will typically file a personal injury lawsuit against the property owner or persons responsible for the property on which the incident occurred.
Prior to filing a slip and fall lawsuit, you need to consider some of the factors that will impact the validity of your claim. You need to be able to show that your injury was due to the negligence of someone else and that you were behaving in a way that was not dangerous/reckless to yourself. Typical overarching factors to look at are:
Dangerous Conditions- In cases such as this, the liable party is the property owner. However, for them to be held responsible for your fall, there must have been dangerous conditions that were preventable. For example, if you tripped on a cracked sidewalk or slipped on an icy walkway, you may be able to file if the property owner knew and did nothing to rectify the situation prior to your injury.
Posted Warning Signs- While correcting issues such as ice or slippery floors, other tasks can be more time-consuming for a property owner. If a danger will be existent for a period of time, the property owner must post a warning sign alerting visitors of the danger. If they fail to post a warning sign, the property owner is liable for any injuries incurred due to the danger. However, if a sign is posted and you ignore it and get injured, that is on you and it will be difficult to prove that you were not liable.
Navigating slip and falls is tricky, but an experienced slip and fall attorney can help you determine the validity of your claim and get you the damages you deserve.