Recent changes in legislation have had an adverse effect on the rights of slip and fall victims, making an experienced attorney essential to securing a fair verdict or settlement in these types of cases. At Morgan & Morgan, our attorneys understand the difficulties presented by slip and fall lawsuits and have the resources needed to addresses these issues appropriately. Our ability to prove liability in slip and fall cases has led many successful settlements and verdicts.
Were you or a loved one injured in a slip and fall accident? If so, you should seek legal counsel immediately. You may be able to file a personal injury lawsuit. Fill out our free, no obligation case review form to have your slip and fall claim evaluated, at no cost to you.
Grounds for a Slip and Fall Lawsuit
In your slip and fall case, your attorney will have to prove that your accident was caused by a “dangerous condition” on the property and that the owner should have known about the dangerous condition. A dangerous condition must present an unreasonable risk of harm to those on the property and must be a condition that a reasonable person would not have anticipated. (The latter requirement implies that people must take note of and avoid obvious hazards.)
To prove that the property owner knew of the dangerous condition, your attorney will have to show the following:
- The property owner created the dangerous condition
- The property owner should have known about the condition and was negligent in failing to correct it or
- The condition existed for a long enough period of time that a reasonable property owner should have discovered and corrected it before your accident
To hold a property owner liable for a slip and fall accident, it must be foreseeable that their negligence would create the hazard in question. For instance, if a gallon of milk spills in a grocery store, and the store still has not noticed or cleaned up the spill by the next day, it could be argued that it was foreseeable that the grocery store’s negligence in failing to clean up spills could result in a slip and fall accident.
In some cases, your attorney may be able to prove negligence by showing that the defendant violated a relevant statute. For instance, building codes establish where railings and other safety features must be installed. If you fell on a walkway that did not have appropriate railings, you may have a claim against the property owner based on their violation of relevant building codes.
Gathering Evidence
To help prove the property owner was negligent, your attorney will gather evidence shortly after the slip and fall. They may take photographs of your injury, obtain your medical records and question witnesses to the hazard or incident. We also encourage our clients to take photos of the dangerous condition that caused their slip and fall as soon as possible after the accident.
If the accident occurred in a public place, such as a grocery store, your attorney will obtain a copy of the accident report. It is important to contact an attorney soon after a slip and fall, as witnesses can forget vital details and key pieces of evidence can be lost.
Defining a “Reasonable” Property Owner
Slip and fall cases will hinge on whether the property owner acted as a reasonably prudent person would have in the same situation. Filing a successful claim can be difficult if it is apparent that the property owner acted reasonably; however, if the property owner acted in a way that others in a similar situation would not have, legal action may be available to those injured as a result. Our attorneys will seek answers to the following questions as they investigate your slip and fall claim:
- Did the hazardous area exist long enough for the property owner to be aware of it?
- Is there a standard procedure in place for examining the premises?
- Does the owner have proof that there is a standard procedure for examining the premises?
- Was there a legitimate reason for the area being hazardous (such as a slippery floor after being washed)?
- If there is a reason for the area to be hazardous, was there anyway to make it safer?
- If an object caused the slip, trip or fall, was there anywhere else the object could have been stored to make the premises safer?
- Could a warning sign or barrier have been created to prevent injury?
It should be noted that the victim’s own carelessness will play a part in determining liability for a slip and fall accident.
Landlord Liability for a Slip and Fall
Under the law in some states, a landlord may be held liable for a slip and fall accident. Generally, it is the landlord’s responsibility to maintain all of a property’s common areas in a reasonably safe condition.
If an unsafe condition exists and the landlord knew or should have known about it, then the landlord may be responsible for paying damages to the injured party. Determining whether a landlord should have known about an unsafe condition is proved differently in each case. In making this determination, courts will look at such factors as the length of time the unsafe condition existed and the severity of the hazard.
In certain circumstances, landlords can also be held liable for slip and falls that occur within a tenant’s apartment. When a new tenant moves in, the landlord must inform the tenant of any known defects on the premises.
The failure to inform a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property may result in landlord liability if a slip and fall accident occurs. In addition, a landlord may be held liable for slip and falls that occur within a tenant’s apartment when there is a violation of a building code or ordinance.
If you or someone you love has suffered an injury in a slip and fall accident, fill out a free, no-obligation case evaluation form. Our attorneys are experienced at handling cases in a variety of practice areas, including car accidents and medical malpractice, and may be able to help with your slip and fall claim. Evaluations are always free as we firmly believe that you have the right to know how the law serves you.