Slip and Fall Injury
We have all slipped or tripped due to poor lighting, slippery floors, or uneven surfaces at some point in our lives. And while we are almost always able to catch ourselves before we fell, or were able to get up from a fall with little or minor injury, sometimes slips or falls can result in great harm and injury.
A slip and fall claim is also known as a premises liability claim. To pursue a successful claim, the injured party must be able to show that the owner of the property was negligent when they allowed a dangerous or hazardous condition to exist on their property and that condition resulted in your injury. All property owners must maintain their premises free from potential dangers that can potentially cause injuries to others when they enter their property.
If the property owner is aware of the hazard or danger, they are legally responsible for any injuries that occur as a result of the dangerous conditions. Employees working on their property must also maintain the property free of hazards or dangers. To sue a property owner, one of three conditions must be met to prove that the property owner is liable for any unsafe or dangerous condition that existed on their property, and thus, the caused injury. These conditions are:
- The property owner or employee knew of the condition but did not remove it or take steps to warn of the danger.
- The property owner or employee caused the hazardous or unsafe condition.
- The property owner or employee were aware of the hazard or unsafe condition, or should have discovered it through normal maintenance.
If you can prove that the property owner met one of the above conditions and their negligence led to your injuries, they can be held legally responsible and have to pay for your medical treatment, lost wages and any permanent loss or disfigurement.
Defending a Slip and Fall Claim
There are two defenses that a property owner can use to defend against a slip and fall claim. These two defenses are:
- The property owner was not negligent, they did not create the hazard and did not have prior knowledge of the alleged condition. Example: a jar of pickles was knocked to the floor in the grocery aisle just minutes before you walked down it. The property owner had not yet discovered the broken jar, had no knowledge of the hazard, and would have acted with reasonable care by cleaning up the pickles upon finding them on the floor.
- The injured party was negligent and did not exercise due care and is at fault for their injuries. , and therefore is at fault. Example: the injured party knocked the pickles off the shelf and could have seen the obvious danger of the broken jar but failed to avoid the spill.
Contact Zinda Law Group Today
Don't guess. If you have been injured in a slip and fall but you aren’t sure if you have a case, let the attorneys at law firm of Zinda Law Group make that determination. We will investigate your claim, collect any evidence and zealously pursue your claim. All at no cost to you. Call us at (800) 863-5312 for a free, no fee consultation and let us get you the compensation that you deserve.