Slip and fall accidents are one of the most common accidents that occur daily. They can happen to anyone, anywhere, at any time. Often, these accidents are caused by negligence on the part of the property owner or manager. However, not all slips and falls are due to negligent conduct. For example, some may be due to a defect in the flooring surface or even someone’s carelessness.
You must know your legal rights if you’ve been injured in a slip-and-fall accident. To shed more light on this, we’ve put together this article that talks about what negligence is, how it can be defined as such in slip and fall accidents, and what you can do if you find yourself in this situation. So make sure to read on!
Defining The Legal Term Of Negligence
Negligence can mean a person or company failing to use reasonable care. Negligence can be defined as action or inaction, like a property owner leaving oil on their parking lot or not properly maintaining stairs at their property.
It’s a legal term that refers to the failure to take reasonable care to avoid causing a serious injury or loss to another person. It can be either intentional or unintentional. If you unintentionally cause harm to someone, it’s still considered negligence if you could have reasonably avoided doing so.
Property owners must protect others from unreasonable risks of damage, so if they fail to do so and you are injured. In such a scenario, you will have grounds for filing a slip and fall claim.
Slip and Fall Law
When someone is injured in a slip and fall accident, the first question that must be answered is whether the property owner was negligent.
To prove negligence, the plaintiff must show that the defendant owed a duty of care to the plaintiff, breached that duty, and caused an injury to the plaintiff. You should contact a personal injury attorney to discuss your case if you have been injured in a slip and fall accident.
Most Common Slip and Fall injuries
Several people visit the emergency room yearly due to slip and fall accidents. A fall injury can lead to fatal and non-fatal injuries in adults aged 65 and older. Most common injuries include:
Traumatic brain injuries
Spinal cord injuries
Fractured elbow or wrist
Strains and sprains etc.
When Are A Slip And Fall Considered To Be Caused By Someone Else’s Negligence
If you’ve been injured in a slip & fall, you may wonder if someone else’s negligence caused the accident. Here are some signs that indicate your injury could have been caused by negligence:
You slipped on an object or liquid that wasn’t there before
The person who hurt you did not warn you about a hazardous condition (e.g., a wet floor)
The person who hurt you knew or should have known about the dangerous situation but didn’t do anything to protect others from it
You were given incorrect information (e.g., wrong height, steps)
Your injuries would not have happened if the person who hurt you had taken proper precautions
A pattern emerges where people keep getting injured because the hazards are left unattended
Evidence suggests the employer created unsafe conditions for employees
What Should I Do If Someone Else’s Negligence has injured me?
If you slip & fall when on someone else’s property, you should first seek medical attention. Once you have been seen by a medical professional, you should contact a personal injury lawyer to discuss your legal options.
If you decide to pursue a personal injury claim, your lawyer will help you gather evidence & build your case. Once your case is ready, they will negotiate with the at-fault party’s insurance company on your behalf. They will also let you know if filing a lawsuit would be in your best interest.
It is imperative that once you are contacted by an attorney or law firm, you talk to them as soon as possible so that they can make sure that all of the necessary steps are taken before any deadlines pass.
It is important to remember that you only have a limited amount of time to file a personal injury claim. These deadlines can differ depending on where you live, but in most cases, you have between two to three years from when your accident occurred. Once these time limits pass, it will be much more difficult for you to win your case.
The Most Common Causes of Slip and Fall Accidents
Even though negligence is the most common cause of slip & fall accidents, there are several other causes. For example, one can experience a slip & fall accident because of a wet floor or inattentive people walking around a construction site.
Moreover, falls happen when someone trips over an object on the ground. There are also risks to consider if someone has a disability that impairs their mobility. For example, it may be difficult for them to navigate stairs at work, so they will be more likely to suffer from a fall than others.
Furthermore, some people might have low light conditions where it is hard to see a hole in the floor until they step into it. Many of these accidents could have been prevented if the property owner acted carefully. Still, sometimes we do not know what’s happening before us until we find ourselves on the ground after falling.
To prove that someone was negligent, you must first show that they had a duty to act in a certain way to keep you safe. Also, you must show that they breached that duty by failing to act as a reasonable person would have in the same situation. Next, show that their breach of duty caused your injuries. And finally, you must show that you suffered damages from your injuries.
If you feel injured due to another party’s negligence, do not wait any longer before consulting with an attorney. Instead, get in touch with The Law Offices of Michael Alan Siddons by calling us at (610) 255-7500.
We can provide you with more information on your slip & fall case, how to handle it, and how to move forward if you would like to file a claim.