WHAT IS CONSIDERED A SLIP AND FALL?
There are a myriad of ways an individual may be injured in a slip (or trip) and fall accident. Slip and fall cases typically come down to liability and quantum of damages. Liability may sometimes be a contested issue, and therefore it is most often important to conduct an investigation of the premises before the environment is altered. For instance, if someone falls on a broken piece of city sidewalk, and it is subsequently reported, the city may act quickly and fix the trip hazard. An injured victim may have a case against the city in such a situation because municipalities have a duty of care to keep sidewalks safe for walking traffic. There are very important deadlines and requirements for giving municipalities notice of such claims and it is important you contact a lawyer immediately if you have been hurt on city property.
WHAT IF I AM INJURED AT A FRIEND’S HOUSE?
Homeowners have a duty to tell their guests about dangerous conditions on their property. Social guests are sometimes able to recover from their hosts’ home insurance depending on how their injuries happened. If a visitor is acting reckless and in return injured, liability may not fall on the homeowner. There is a host of case law covering the intricacies of whom is at fault and when. Many people are apprehensive to sue their neighbor, but the truth is, their home insurance will likely step up to the plate for coverage.
WHAT IF I AM INJURED AT A STORE?
Depending on the facts of the case, you may have a claim if you are injured in a store. Stores have a duty to keep their floors reasonably safe for customers and if a slippery substance exists on the floor for a relatively lengthy period of time, you may be able to recover damages. If you are warned by an employee about a spill, and you go ahead and walk through it and fall, it may be more difficult to prove liability. On the other side of the coin, if you confront an employee about a spill, and someone is later injured, the owner may be considerably at fault because of the notice of the dangerous condition and the failure to remedy it.
WHO IS LIABLE IN SLIP AND FALL CASES?
It depends on the specific facts. Often times not only will you sue the property owner, but you may sue the property maintenance company as well. Additional layers may be added if there is a landlord-tenant relationship.
GET EXPERIENCED ADVICE ON YOUR SLIP AND FALL CLAIM
At Bernstein Law Group, we aggressively assert liability on homeowners and won’t give up until we reach a fair resolution. Call our office and book a free, no obligation consultation for an evaluation of your claim.
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