Unsafe conditions on someone else’s property can cause serious personal injuries. That’s why slip, trip, and fall accidents, a widespread subset of personal injury law, are so important. Every year, thousands of Americans experience accidents and injuries due to the negligence of business owners, landlords, apartment complexes and even cities or towns, and slip, trip, and fall law makes it possible for those injured to be fully compensated for their losses.
Slip, trip, and fall refers to any accident caused by the illegal negligence of a property owner. This area involves a variety of accident types such as falling down a flight of stairs, tripping over an obstruction in the sidewalk, falling in the parking lot or slipping on ice on your apartment steps. The law concerning such accidents is clear: a property owner can be held liable when the owner knows of the unsafe condition, but fails to correct it or when the owner should have known of the condition, but failed to correct it. It is also important that the owner of the property actually created the unsafe condition as well.
This means a property owner, whether residential or commercial, could be considered legally responsible for a slip, trip, and fall injury only when his or her negligence caused an accident that was reasonably foreseeable to happen. ‘Reasonably foreseeable’ means that the accident was a likely occurrence under the circumstances from the objective perspective of a reasonable person.
However, it is also important to note that there can be mitigating factors in slip, trip, and fall cases. These refer to the plaintiff’s own negligence or carelessness. If the injury resulted from a plaintiff’s failure to avoid obvious dangers, it could be harder to prove that a violation of law has occurred.
State law governs most slip, trip, and fall cases. The exception is when injuries occur on federal government property. Beyond state law, local building codes may also apply.
The important thing to remember in slip, trip, and fall cases is that they don’t have to end in total loss. Every plaintiff has a right to claim monetary compensation for the injuries sustained from accidents on another’s property. Courts deciding whether the case is legally viable will aim to put the plaintiff back in the position he or she would have been if the accident had not occurred. This could involve compensation for lost wages, hospital bills, and even emotional stress.
An accident on someone else’s property, whether residential or commercial, is a serious matter that should be addressed by individuals capable of assessing the nature and extent of the damages as well as the legal implications. If you’ve experienced a slip, trip, and fall accident, but don’t know where to turn, contact the attorneys at Shegerian & Associates today. Our experienced team is standing by to ensure the most successful outcome to your personal injury case.