Slip and Fall Accident Information
We have all experienced the sometimes painful effects of gravity by tripping or falling. While we are often able to get up and brush ourselves off after a momentary loss of equilibrium, some of these accidents can result in severe personal injury. When your injury is the result of the negligence of someone else—someone who had the knowledge and ability to remove the dangers in your path or better alert you to the hazardous surface condition—you may have a personal injury lawsuit (see Understanding Personal Injury Lawsuits).
Slip and fall is a tort (See What is a Tort?) that holds property owners accountable for the condition of their premises. When a property owner is aware of a hazard on their property that poses potential danger to people, they may be legally responsible if someone injures himself or herself as a result of that hazard. Hazards such as uneven surfaces, slippery floors and poor lighting are often the culprit for slip and fall victims.
Pursuing a slip and fall accident claim is often difficult as property owners may not always be responsible for the injuries of someone who falls on something they should have expected or been able to avoid. While there is no definitive way to determine if someone else is responsible for your fall, an experienced slip and fall accident attorney may be able to help you recover damages from your fall and determine if, indeed, someone is at fault for your injuries.
To determine liability, you generally need to be able to prove one of three things:
- the property owner or employee must have caused the hazardous surface condition,
- the property owner or employee must have known of the hazardous surface condition, but chose not to remedy or warn of the danger, and/or
- the property owner or employee should have been aware of the peril as it should have been discovered through normal maintenance of the premises.
It is a good idea to contact a personal injury lawyer with experience handling slip and fall claims if you believe your personal injury was the result of someone else’s negligence. A slip and fall accident attorney should be able to advise you on the legitimacy of your claim and tell you what course of action is in your best interest.
As with all accidents, it is a good idea to take photographs of the accident scene as soon as possible after the accident. The longer you wait to photograph the scene, the more likely the scene may be altered. Photographing the hazardous surface at the same time of day your accident occurred and from various angles may help your attorney establish negligence. In addition to taking photographs soon after your accident, be sure to keep track of any medical expenses you may incur as a result of your personal injury. Also, keep a daily journal cataloging the pain and suffering you experience as a result of your slip and fall accident. The more material you have to back up your claim, the better able your personal injury lawyer will be to build a strong case for you.
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