Slip, Trip and Fall: Who is to Blame?
By: Mesriani Law Group | Posted: 13th April 2010
If you slipped, tripped, or fell on other people’s property and have hurt yourself, who will be responsible?
Yearly, thousands of people ask this very same question. They are wondering how they could recover the medical expenses they paid because of the accident. If you are in the same situation, here are some pointers you need to consider.
First, not every property owner will be held responsible for slippery floors and uneven pavements. As a passerby, every individual should be accountable for his actions and watch where he is going. Also, some things, such as drainage grates, that are put on the ground serve a certain purpose. It just depends on the person passing by if he is careful enough to notice such things on the ground.
However, property owners should still be able to monitor their property and keep it safe. For instance, they may conduct regular checkups on the property to ensure that there will be no slip, trip and fall accidents in the area.
If you want to be informed regarding who will be held responsible for your slip, trip or fall accident, consider the following guidelines.
The owner will be liable for your injuries if:
• The owner or employee caused the dangerous surface that led to your slip, trip or fall.
• The owner or employee knew about the dangerous surface but did nothing about it. In this case, the owner of the property may be charged because of his negligence.
• The owner or employee knew about the danger and did not provide warnings for people who might pass by.
On the other hand, you should also think about why you were not able to notice such a dangerous surface. Here are some questions you may ask to turn things to your favor:
• Do you have a valid reason for being in the dangerous surface?
• Were there any warnings to inform people that the area is hazardous?
• What activities were you doing that distracted you from noticing the dangerous spot?
• Would a careful individual have noticed or avoided the spot?
Remember that all the answers to these questions will determine whether you are going to receive compensation for your injuries or not. If you want to build a stronger claim against the owner of the premises, you may ask legal help from lawyers specializing in personal injury. When you are relaying to them the details, do not overstress the point that you were careful, because they know you really were. Just tell them what exactly you were doing that may have distracted you and led to your accident.
Not everyone will win a case such as this. That is why it is very important to be very careful, especially if you are on private property.
To help you pursue claims for slip, trip and fall accidents, consult with our skilled personal injury attorneys. Visit our website and avail of our free case evaluation.
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Tags: pointers, passerby, valid reason, medical expenses, checkups, property owner, negligence, property owners, pavements, trip and fall, slippery floors