The simple slip & fall injury case is often not as simple to prove as it appears to the person who was injured. Slips and falls are some of the most common types of injury cases, but they can also result in very serious long-term health issues, disabilities and even in death.
When there is a slip & fall injury, there are several things that have to be considered in determining if a claim will be approved or if there are grounds to proceed with a legal case if the issue cannot be settled during the claims process.
Having an attorney on board whenever there is a slip & fall injury resulting in significant injury, long term disability or death will be essential to ensure that fair compensation is provided.
It is possible to have a slip & fall injury on commercial or private property without the fault of the property owner. The insurance company for the property owner, renter or those occupying the property or responsible for the upkeep will definitely have an attorney on their side trying to prove this is the case.
Typically the company will have to show how they maintained the property, what their repair practices were, and if there have been other complaints or accidents based on this or similar situations on the premises.
If the property owner or responsible party is not aware of the problem or has not had time to address the issue, you may not have a slip & fall injury case. In a store slip situation if the customer ahead of you dropped a bottle of juice while grocery shopping and you walked behind them and slipped, you would most likely not have a case. This is because the store manager or owner was unaware of the problem and had no time to correct it.
Your Contribution to the Accident
In any situation, the injured person has to be exhibiting due care and attention to their surroundings, at least to a reasonable level. For example, if the area is clearly marked as off-limits or there are signs up to indicate the ground is uneven or the sidewalk is slippery if wet, it is reasonable to expect these things and take appropriate precautions.
In a personal injury case, including a slip & fall injury, this is known as comparative negligence. Being in an area you were not authorized to go or had no reason to be is a type of comparative negligence, as is any type of distractions such as talking on the phone, texting or simply not paying attention.
Talking to an attorney about any slip & fall injury is important. Early consultation makes gathering information and evidence easier to prove your case.
At The Law Offices of Julian Lewis Sanders & Associates, LLC. we handle all types of personal injury cases including slip & fall injury cases. To learn more about our legal representation visit us at www.juliansanderslaw.com. You can also connect with them on Facebook.
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