Mishaps can be unpredictable and serious accidents can happen without warning. Slips and falls are categorized as accidents; while many falls do not end up causing injuries, others can potentially be fatal. Slips, trips, and falls are the leading causes of emergency room visits and hospitalizations in the United States.
Slip and fall accidents can result in broken bones, severe spinal cord injuries, traumatic brain injuries, neck injuries, lacerations, soft-tissue damage, and other types of severe injuries. These are just some of the many losses and damages that may be covered under a slip and fall claim.
A slip or fall can happen anywhere, at any time. It is important to be aware of your surroundings and to take precautions to avoid potential hazards. The Law Offices of Samuel Fishman can help you recover compensation for your injuries if you have been involved in a slip and fall accident.
How do you determine liability in a personal injury claim?
Premises liability is the area of law that deals with injuries suffered as a result of someone else’s negligence in maintaining their property. In order to hold a property owner liable for your injuries, you will need to prove that they knew or should have known about the hazard and failed to take proper action to fix it.
For example, if you slip and fall on a wet floor in a store, you would need to prove that the store knew or should have known about the wet floor and failed to take proper action to fix it.
It is important to note that liability in a slip and fall accident is not always clear-cut. Determining liability in a personal injury claim can be complex. There are many factors that will be considered in order to determine who is at fault.
What do you need to prove in slip and fall claims?
There are four elements that must be present in order for someone to be held liable in a personal injury claim: duty, breach, causation, and damages.
The first element, duty, is the legal obligation to act in a certain way to avoid foreseeable harm. This means that the property owner had a duty to take reasonable steps to prevent slip and fall accidents from happening on their property. For example, a property owner has a duty to clean up spills in a timely manner.
The second element, breach, is the failure to uphold the legal duty. This means that the property owner breached their duty by failing to take reasonable steps to prevent a slip and fall accident from occurring. For example, if a property owner knows about a wet floor and does not take proper action to clean it up, they have breached their duty.
The third element, causation, is the link between the breach of duty and the accident. This means that the property owner’s breach of duty must have directly led to the accident. For example, if a property owner knows about a wet floor and does not take proper action to clean it up, and you slip and fall on the wet floor, they have directly caused your accident.
The fourth and final element, damages, is the losses that you have suffered as a result of the accident. This can include medical bills, lost wages, pain and suffering, and more. In order to recover damages, you must be able to prove that the property owner’s negligence led to your injuries.
A personal injury lawyer can help you in many ways. First, they will review your case to determine if you have a valid claim. If they believe you do have a valid claim, they will help you gather evidence and build your case. They will also negotiate with the insurance companies on your behalf and fight for the compensation you deserve.