Slip and fall is a tort claim that falls under the category known as premises liability. Slip and fall claims usually arise when someone slips or falls on another’s property, and is injured because of that property owner’s negligence in permitting unsafe conditions to exist on the property.
Below are helpful 3 facts about Slip and Fall Accidents:
1. The Burden Is on the Plaintiff (Injured Person) to Show that the Property Owner Was Negligent
In order to prevail in a slip and fall lawsuit against an individual or a business, the injured person must show that the defendant acted negligently in maintaining their property. To do this, the plaintiff must show that the landowner owed him or her a duty, that the landowner breached the legal duty owed to him or her, that the he or she was injured, and that the landowner’s negligence caused his or her injury. The duty of a landowner to the injured person depends on whether the injured person is considered an invitee or a licensee. An invitee is one who is on the premises for the benefit of the landowner, while a licensee is a mere social guest who is on the land for their own purpose. The duty owed to an invitee by the property owner is to “warn or make safe dangerous conditions that are concealed and which the landowner knows of or should know of through reasonable inspection.” The duty owed to a licensee by the property owner is to “warn of dangerous and concealed conditions that they are aware of.”
2. The Injured Plaintiff in a Slip and Fall Accident Can Potentially Recover Compensation for Medical Bills, Lost Earnings, Pain and Suffering, and More
A plaintiff in a slip and fall accident can potentially recover compensation for past and future medical bills, rehabilitation costs, past and future lost earnings, pain and suffering, and loss of enjoyment of life. The plaintiff may recover for property losses as well.
3. There Are Ways to Help Prevent a Slip and Fall Lawsuit Against You or Your Business
- Always keep your floors clean and dry to avoid slip and falls
- Place warning signs around wet floors.
- Make sure to keep aisles and walkways clear, with no obstruction that could create a danger.
- Use floor plugs in order to help avoid power cords from crossing designated walkways.
- Guarantee that all exits are free from obstruction at all times.
- Use good lighting to help reduce accidents.
If you have been injured due to another person’s negligence, you should consult with a personal injury attorney to determine your legal rights immediately. Keep in mind that each state has different statute-of-limitations laws. If you don’t speak to an attorney about your case soon after the cause of action accrues, you may risk forfeiture of your right to compensation.
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Hope this information was helpful!
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