Slip and fall- Do you have a claim?
By: Tikee Pittman | Posted: 31st August 2010
Have you ever had an unfortunate fall while walking to your automobile, up a flight of steps, or on an cold parking zone? It happens on a regular basis to various people around the globe, and sometimes it creates some kind of injury. This leads to medical bills, medicines, and extra funds out of your pocket than you wanted when the day began.
Here are a few factors courts think about when assessing such a claim. The law is a moderately complex entity that varies from state to state, so while this editorial discusses generalities; consult with a lawyer about the specifics of your case.
One of the primary considerations to choose who is responsible is the "duty." For example, is a discount store responsible in case you fall in their parking zone? It is a complex query, but one with plenty of considerations.
Take, for example, someone slipping on a patch of ice in an apartment complex. If the fall happened in a parking zone, it might be argued that the apartment complex did not have a reasonable duty to keep its parking zone clear of ice, in cold climates.
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If the fall happened in lieu on a flight of stairs, however, the apartment complex's duty to keep those stairs clear is much greater. Falls on sidewalks are treated similarly. The major difference between the first situation and the latter one is that a parking zone is a sizable area which cannot be expected to be free of ice, while the latter are smaller areas on which pedestrians have the reasonable expectation of walking safely.
Some questions of duty are more clear-cut. For falls involving spills, poor lighting, etc. it is usually obvious that the cause is negligence on the part of a property owner or an worker of same. In order to be legally liable for your slip, at least one of these conditions ought to be true.
* The condition responsible for the fall must have been caused by a property or business owner or one of its employees.
* The owner or employees knew about the cause but did nothing to fix it.
* In some circumstances, it can be argued that the owner or employees ought to have known about the cause had they taken reasonable care of the property. This is usually determined through common sense, and by determining if the owner has made reasonable prior maintenance efforts.
As you can see, determining liability is a hard business. Here are a few practical questions to help you select in case you have a valid claim.
* Could the issue have been addressed long before the accident occurred?
* If the cause was an object, was there a lovely reason for the object to be located there? Could it have been located elsewhere so as not to cause injury?
* Could a warning sign or barrier have kept you from getting hurt?
It is also feasible that your own negligence may have contributed to your fall. Here are a few questions to help choose this.
* Were you distracted at the time of your fall?
* Could you have honestly avoided the danger in case you were paying closer attention?
Summary
Whether a property owner is liable to you for your injuries depends on the idea of duty. Did the property owner have an obligation to remove ice or to keep a walkway safe? On the other hand, you have an obligation to be cautious and to watch out for your own safety. You may have contributed to your fall by your own negligence.
Disclaimer
This editorial is provided to help you think about whether your fall was caused by the negligence of a property owner or its employees. Be positive to seek advice from an experienced injury attorney in the state where you live.
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Tags: expectation, business owner, apartment, medical bills, sidewalks, emp, specifics, property owner, medicines, negligence, pedestrians, personal injury attorney, automobile, cold climates, generalities, poor lighting, flight of stairs