Just because you’ve fallen while visiting a local business does not automatically qualify you for compensation in a civil claims court. Since the process of hiring an attorney and establishing a case can be costly and time-consuming, you need to know how slip and fall injury claims work to build a successful case.
Use this guide to the types of slip and fall injuries to understand how the cause of your fall can change who is responsible for the damages. By being able to decide negligence in your slip and fall injury case, you and your attorney can take the best possible course of action to get you the compensation you deserve.
If your injury was caused by a lack of maintenance in a key area of the store or property you were visiting, the manager or property owner could be liable.
If a loose carpet, floorboard, tile, platform, or step caused you to slip and fall, your attorney can easily make the case that a lack of maintenance reveals negligence on the part of the property owner and should prove your case. This also applies to ruts and potholes on a property, provided the area was intended for customer use.
On that note, this idea of intention is important in all aspects of a slip and fall injury case since going somewhere that was not intended for customer use will void your claim. You cannot be compensated for slipping and falling in an employees-only area if it was clearly marked.
Wet floor injuries
It may seem like a slip and fall injury due to a wet floor is an open and shut case, but the source of the water can make a difference when assigning negligence. For instance, puddles of water that have collected on the inside of a door in a shopping mall can be considered negligent on the part of the owner, who can see the puddles and also predict that maintenance is needed when they hear the rain.
However, slipping and falling in a puddle in the parking lot may not be a viable slip and fall case. Unless it was a pothole that caused your fall, a property owner or store manager cannot be held responsible for the weather.
In an area that gets snowfall, property owners may be required to regularly shovel and salt stairs and walkways that are intended for customer use. If ice makes you slip and fall, the location of the fall may be important in determining negligence.
Believe it or not, even the architect could be sued in a slip and fall injury case if the building’s design can be proven to be the reason for your fall. This negligence could include failing to install handrails or supports or providing inadequate lighting in a room with stairs.
A slip and fall injury case is not always cut and dry. Your attorney has to determine the source of the hazard and how it relates to negligence on the part of the property owner, or on your part. If you fall in an employees-only area, for instance, you cannot be compensated. By being aware of local ordinances in terms of maintenance and being reasonable about assigning responsibility for your injury, you should be able to figure out if you have a viable slip and fall injury claim.
Work with a professional who understands the complexities associated with injury cases to improve the chances of getting the settlement you deserve. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or contact us for a free case evaluation.