Accidents can happen at any time and place. Usually, no legal claims arise since parties at fault accept responsibility and settle smaller disputes amicably. However, accidents resulting from negligence or inadequate safety measures are liable for legal action. Most of these disputes are related to slip and fall claims, where the negligent owner is liable to compensate for any damages and injuries. There are several factors to consider before filing a slip and fall claim.
Validity of the claim
A slip and fall claim will be valid only in cases where an unsafe environment caused the mishap. For example, any unattended debris, unrepaired potholes in the premises, damaged sidewalks, accumulation of snow during winters, and slippery floors are all deemed unsafe conditions for pedestrians and visitors. If a person is injured due to such instances of negligence, the aggrieved party can register a case against the owner of the premises.
Property owner’s liability
Property owners cannot be held liable for unsafe conditions that they were not aware of previously. The most difficult point to prove to win a slip and fall case is the property owner’s negligence. For example, they may not have had reasonable time to note the unsafe condition. However, they will be liable when prior notice has been given after several similar mishaps, and even then, the owner has not taken the appropriate steps to rectify the problem. Lawyers usually base their case on witness testimonials and surveillance footage that can prove negligence on owners’ part. Remember that many uncertain variables come into play, and building an airtight case requires noting down all the circumstances exactly as they were.
Proving it was not a self-caused accident
Slip and fall claims will work when there is enough evidence proving that the accident was not your own mistake, ignorance, recklessness, or negligence. Essentially, this includes talking on the phone, texting, ignoring warning signs, and safety instructions before venturing into an unsafe area on the premises—all valid concerns for the judge to rule against your claim. Judges will even question the need for you to have been in an unsafe area unless your work or task requires you to be at the location. These factors affect the amount of claim as the judge will consider carelessness on your part and hold the property owner partly liable only for the unsafe conditions.
Having all the information in hand
Slip and fall claims will have a better chance of a favorable result when you have all the necessary information summarized into a report. Details like time, condition of the surroundings, attire worn, any witnesses or surveillance, and a summary of how the fall happened can help you lawyers frame a case fit to make the property owner liable. The next step is to follow protocol at the premises, including speaking to the supervisor in charge, following company accident procedure, and signing the incident report. Any photos or evidence from the location of the fall should be taken and submitted to the authorities investigating the case. If the injuries are severe, get immediate medical attention before doing any of these procedures. Ensure to bring any hospital bills, notice of any sustained long-term injuries, and notice of the period of absence from work.
Types of damages you can seek for compensation
In slip and fall claims, the defendant can ask for medical reimbursement, lost wages post the incident, and even compensation for compromised earning capacity if the injury led to permanent loss of function and ability. It is also possible to ask for compensation to improve one’s quality of life, disability assistance, and psychological support for trauma and post-accident depression. These are variable factors that may differ from state to state. Your legal counsel can guide you in such matters when filing the claims.
Some cases can be settled within a few weeks or months, while others may go on for the near future. The duration and outcome depend on the complexity of the case.
