Suffering an injury from a slip and fall accident can be a challenging time for you or a loved one. The severity of your injuries may indicate the financial losses you will suffer. Studies show that eight million people annually visit the emergency room because of a fall. If you're considering taking legal action against the property owner, there are some questions you should think about before doing so.
Question #1: When is the property owner liable?
You should be prepared to provide the necessary amount of proof to show that the owner of the property is at fault for your fall.
Listed below are things that you must prove in order to help you build a stronger case:
1. The floor was wet and slippery, and there weren't any warning signs alerting you to this.
2. There were holes in the floor that the owner should have fixed to help you avoid your fall.
3. The carpet was torn or worn down, and this contributed to your fall.
4. The owner had sufficient time to fix the issue but just refused to do so.
Question #2: When is the injured party at fault?
There are certain situations that may prohibit you from being compensated for your injury if someone can prove you're at fault.
Below are reasons the fall could be blamed on you rather the individual that owns the property:
1. You didn't have permission to enter the property beforehand by the owner of the property.
2. You were intoxicated when your fall occurred. Additionally, if you were on medication that made you drowsy and caused you to slip, this would be your error.
3. You were playing around too much and not acting responsibly while on this individual's property.
4. You neglected to acknowledge any warning signs that were put in place, or you realized the danger of proceeding on the property, but you continued to do so.
5. You failed to wear the proper footwear, such as shoes with the necessary amount of support to keep your body stable while on the property.
Taking legal action is something that should be actively thought out in advance. It's ideal to know the party that contributed to the fall in doing so. Be sure to rely on the advice of a personal injury attorney to assist you in with the details of filing a lawsuit if you're considering doing so.