Is My Slip and Fall Eligible for a Personal Injury Lawsuit?
Slips and falls happen daily for some people, but a quick fall does not automatically mean you have someone to sue or even have a case for a personal injury. It is extremely common for people to slip on wet or icy surfaces.
Even if you are in a public place and slip and fall on something, the property owner is not automatically liable. Because they may not have been aware of the hazard or it just happened; therefore, the owner did not have reasonable time to fix the safety hazard.
When Does a Slip and Fall Become a Liability Issue?
There is no exact way to determine when a slip and fall becomes a liability issue. Each case has its own factors and issues that can lead to a slip and fall injury case. It is important to note, however, that a person must have been injured because of the property owner’s negligence or carelessness.
So, for the owner to be legally liable for any injuries you suffered, they must:
- Have been responsible for causing the spill or dangerous surface;
- Have known about the dangerous surface and ignored or failed to take care of it in a reasonable amount of time;
- Have known that there was a potential risk for something to create a dangerous surface.
What is “Reasonable” in a Personal Injury Case?
A person who is responsible for public property must take reasonable steps to make sure that the property is safe. But, things can become broken, spilled or dangerous and that doesn’t mean that the owner is automatically in trouble. If the owner wasn’t aware of the dangerous surface and didn’t have “reasonable” amounts of time, then they are not liable.
Reasonable refers to the time and amount of care a person is expected to exhibit to provide a safe atmosphere. For example, if the owner was just told about a slippery surface and within two minutes someone was injured, the courts may feel the owner is not liable because they were not given reasonable time. But, if that property owner knew about the dangerous surface for an hour or even a few days, then they are liable.
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Injured in a Slip and Fall? Contact an Attorney Right Away
Determining liability in slip and fall cases is a lot more complex than you might realize. Hire a personal injury attorney that understands these complexities and will work hard to get you the compensation you deserve. Schedule your free consultation today with the Law Offices of Robert W. Elton now.
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