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Personal Injury: If I Slip and Fall Can I Sue?

by Personal Injury Claims Blawg on August 2, 2012

Legal jargon may seem like it’s written in another language sometimes, but here’s what you need to know about slip and fall cases. A slip and fall case is a type of claim that is based on a person tripping/slipping and falling. It is based on the claim that the owner of the property was negligent in allowing the dangerous conditions that caused the slip to exist. Slip and fall is a type of personal injury that can happen in just about any place; private property, retails stores, at work and even on public sidewalks. Most people usually get up and dust themselves after falling. However, there is a chance that injuries may unfold days or weeks after. It is for this reason that a slip and fall should not be taken lightly.

In the event that you are injured as a result of tripping and falling on another persons property, you can file a lawsuit and there is a good chance that you will be awarded damages. Because this particular type of case is carried out against the property owner, it is built on premises liability. There are a number of conditions that are seen to contribute to a slip and fall accident. These include:

  • Torn carpeting
  • Poor lighting
  • Wet floors that are not clearly marked
  • Handicapped accessible walkways with inadequate handrails
  • Stairs with missing hand rails

How to assess whether suing is a good option:

There are three elements or conditions which are considered necessary for you to establish whether the property owner is to be held liable for the slip and fall personal injury.

  • The property owner either knew or should have known about the existence of hazardous conditions. More over, they should have recognized the fact that the conditions posed a threat of personal injury
  • You were not in any way aware of the existence of perilous conditions and the risk of harm
  • The property owner failed to deal with the situation and make the area safe. In addition, they also failed to give warning about the precarious conditions.

Who should you trust to represent you?

If you are involved in a slip and fall accident, it is advisable that you talk to a personal injury lawyer. This is an attorney who specializes in fall accidents. After the first consultation meeting, the lawyer should be able to tell if your case will succeed or not. You have a better chance of winning the suit if you pick a lawyer with a wealth of experience in handling negligence cases. The attorneys perform a number of tasks. For starters they represent you in court. They fight for your rights and ensure that justice is served. They analyze and evaluate the situation then prepare the case. Lastly, they negotiate on your behalf with insurance companies with the aim of acquiring the best settlement.

Taylor Gall is a freelance writer and author who is interested in law. He writes for websites, blogs and personal injury attorneys, and is writing a fiction novel about legal issues.

Personal Injury Claims Blawg

Personal Injury Claims Blawg

PI claims blogger at PIClaimsBlawg
Personal Injury Claims Blawg is a personal injury law blog, inviting contributions from practitioners, PI law firms and legal academics across the UK, US and beyond. The post above has been published because of the high value associated with the author's work. Contact us if you'd like to get published today.
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