Slip and fall cases occur when there is an injury sustained after falling on someone else’s property. Usually caused by negligence, the fall could happen from ice that was not salted, cracked pavement, spilled water, etc. So when this happens on someone else’s property, is there anything you can do? With TopDog Law, yes! We can work together to prove that the property owner is legally responsible for the injuries.
The first things that we need to find out are 1) who is the liable party and 2) did they cause the fall or prevent it from happening? We need to know these factors so we can prove that it was not the injured person’s own carelessness that caused the accident.
To be held liable for the slip and fall, the party being blamed must have failed to take initiative on the property’s care. Things to consider are the amount of time the hazardous condition has existed, does the property owner have a routine of checking for hazards, is there a good reason for the hazard to exist, could it have been prevented, and was there poor lighting or signage?
In slip and fall cases, it is common for the defendant to argue that the injured person is responsible for the accident. That argument is called “comparative fault.” Each state has different laws that affect this argument and determine the plaintiff’s compensation if the defendant’s argument is true.
To determine if the plaintiff might be even slightly responsible, consider the following:
- Was the injured person engaging in activity that could have caused them to not notice the hazard?
- Was the injured person even allowed to be there?
- Were there warning signs posted?
If it becomes obvious that the plaintiff is at fault, winning an injury claim becomes very unlikely.
Have you been injured in a slip and fall and believe you are entitled to financial compensation? If so, contact TopDog Law today! You can call us at 800-215-7211 or send us a message for a free consultation.