When you are injured on someone else’s property, you might have a premises liability claim. The most common type of premises liability is slipping and falling. Whether the floor is slick from a spill or the sidewalk outside is poorly maintained, these cases involve property owner negligence and can often result in long-lasting injuries.
Regardless of the severity of your injury, you could recover damages from a slip and fall accident. Often, an injury doesn’t seem like it’s immediately debilitating, but it can lead to problems over time and necessitate medical treatment. When you have fallen and hurt yourself due to a hazard on someone’s property, contact Hart & David for the legal advice and representation you need to recover damages for your injury.
Common Hazards and Injuries
Property owners have a duty of care to their customers and guests to make their property safe. This means eliminating hazards and keeping the property maintained. If they fail to remove hazards they should have known about or cause those hazards themselves, it constitutes negligence. Common hazards include:
- Spilled liquids or substances
- Large cracks in flooring or walkways
- Poor lighting that obscures existent hazards
These hazards frequently lead to bone fractures, bruising, scrapes, cuts, sprains, and other physical trauma. These injuries lead to a number of expenses and long-term damages, including medical bills, disability, disfigurement, lost earning ability, loss of income during recovery, and pain and suffering.
Securing compensation for these damages is often much more easily said than done. The property owner and their insurance company will take action to avoid liability for your injuries, so you need to be sure you have enough evidence, eyewitnesses, and skilled legal guidance when you make your claim. To be successful, you need to be able to prove the following:
- A defect or hazard on the property caused your injury
- The hazard was not obvious, and you could not have been expected to notice it
- The property owner either knew of the hazard’s existence or should have known
- You did not create the hazard yourself
There are some difficulties that arise based on nuances in the law. If the property owner can prove that the defect was open and obvious, for example, it will prevent you from recovering damages. This is why it’s so important to have documentation of the hazard and your injuries as well as eyewitness accounts.
Another difficulty arises when the hazard was due to snowfall. If you slip on snow or ice that accumulated naturally, the property owner has no liability, even if it’s melted snow that was tracked into the building or if it resulted from failure to clear the sidewalk outside.
Getting Legal Help
You need the skills and experience of a personal injury lawyer if you hope to be successful in a slip and fall claim. The evidence must be thorough and arguments must be skillfully made. Hart & David provides the legal services you need in the event of a slip and fall accident. We can analyze your case to determine the best possible route to take, then pursue negotiation strategies to secure the compensation you deserve.