Slip and fall accidents are some of the most common causes of physical injuries and hospitalization throughout the world, especially in the United States. Hundreds of thousands of slip and fall injuries occur throughout the country every year. Not only do these accidents leave their victims with serious physical injury and adversely impact their mental health but also leave hundreds of thousands of dollars in medical bills and incidental expenses in their wake. When such slip and fall accidents occur at someone’s private or public property, you might be left wondering about the party responsible for your damages.
If you slipped and fell on someone else’s property and the accident was not your fault, there is a very good chance that you might obtain financial compensation for your damages through a lawsuit. To obtain financial compensation, you have to prove in court that the accident was caused by someone else’s negligence. Establishing negligence leading to a slip and fall, therefore, is going to be one of the most important aspects of your lawsuit.
Premises Liability Law
Whether or not you receive financial compensation for your damages depends on the Premises Liability Law. This law states that you must prove the following in court to obtain financial compensation for your physical and financial damages:
- The accident was caused by hazardous conditions on private/public property.
- The property owner or employees should have known about said safety hazards at the property.
- No efforts were made by the property owner to minimize the safety hazards at their property.
All public and private property owners owe the visitors a duty of care, which entails the creation and maintenance of safe conditions at their property. If any safety hazards like broken tiles, loose carpeting, dim lighting, tripping hazards, etc., lead to slip and fall accidents and subsequent physical injuries for the victims, this duty of care is violated. If you get injured under such circumstances, you have a legal right to pursue damages in a court of law, since no reasonable efforts were made by the property owner to make their property a safe space for guests.
Different Fault Systems & Outcomes
Depending on where you live in the United States, your slip and fall case might be subjected to different fault systems. Known as comparative and contributory negligence, these fault systems will eventually determine how much you can successfully recover in the wake of a slip and fall accident and lawsuit. The states that have the comparative negligence system award compensation depending on the percentage of fault of the victim. It means that even if the accident was your fault to some extent, you can successfully recover compensation depending on the percentage of your fault. On the contrary, the states that go by contributory negligence do not award victims any compensation if it is found that they were at all responsible for causing the accident.
Consulting a Lawyer
If you or your loved one got injured in a slip and fall accident, it is essential to consult an experienced lawyer who deals in slip and fall cases. A slip and fall lawyer will not only help you file the lawsuit but also guide you every step of the way, making sure that you receive the financial compensation you deserve.