Slip and Fall Attorneys
What is “slip and fall?”
A slip and fall accident falls into the personal injury category. These cases are everyday accidents like slipping and falling in a public or private location. This happens when a person trips on the stairs, slips on ice, water or some other substance on the floor, trips when a heel gets caught in a floor crack or a chunk of some material is tripped over. Injuries from such falls can be minor to very serious.
Criteria for a legitimate claim:
When slip and fall cases go to court, the decision very often goes in favor of the defendant or property owner. It is not too often that a plaintiff is able to show that the defendant created the threatening situation. The strongest strategy is to show “constructive notice” – the plaintiff’s attorney must show that the dangerous condition was there for a length of time, that the defendant knew about it and that the defendant had time to make the situation safe.
Some clear rules cover the determination of liability by the property owner. The owner or some employee needs to actually be knowledgeable for sometime about the danger, but did nothing to remedy the situation. Sometimes this is determined by common sense and reasonable action. Were conditions such as poor lighting, a large amount of liquid, or an object in the path of customers a factor?
Other questions about reasonableness – should signs or barriers have been placed to warn of danger? Were conditions such as poor lighting, a large amount of liquid, or an object in the path of customers present?
In deciding whether to pursue a slip and fall case, you need to consider your own carelessness. Were you in a dangerous area where you shouldn’t have been? Did you pay attention to warnings and act like a reasonable person would? Were you distracted and not paying attention, or were you fooling around in a way that you didn’t notice the dangerous situation? If you were hurt in accident where your own carelessness contributed to the slip and fall, your case would be very weak.
How can an attorney help?
If you suffer a slip and fall accident, get treatment right away, document the incident and get the names of any witnesses. You may be able to get a settlement from the property owner’s insurance policy. If you feel that a property owner was clearly to blame, contact Attorney Ken Nugent to determine if yours is a valid case. Ken can evaluate if you have a reasonable chance to win a lawsuit or get a settlement. He will proceed from there. One Call That’s All!