Just about everyone takes a fall at some point in their life. Usually, this happens if you’re not paying attention or if you’re having a clumsy moment, and they’re usually not very serious. However, on occasion, a fall causes major injury, and if such a fall occurs due to a hazard that should’ve been fixed by the property owner or business in question, you may be entitled to significant compensation for the injuries you suffer.
Knowing whether or not you have a claim, however, is the first step in getting compensated. Read how a personal injury case proceeds, the compensation you can get, and how a slip and fall lawyer can help you to get the maximum award possible.
Slip and Fall Cases
A slip and fall case falls under premises liability law. In general, a property owner, the tenant of a residence, or the owner or management of a business are required by law to provide a space for welcome visitors that is generally safe from major and unnecessary hazards. In order to have a valid slip and fall case, you need to prove that there was negligence on the part of the person responsible for maintaining the property.
Consider, for example, the idea of snow and ice on the walkway. You slip and suffer major harm. When did the ice accumulate? Is it currently in the middle of an ice storm, or did one just finish an hour or two ago? If so, the property manager may not have had a reasonable time to address the issue. If, on the other hand, it happened yesterday or two days ago, and there’s not even a sign, you may have a case.
The Obviousness Factor
Another factor that comes into play in terms of falling cases is whether the condition was so obvious that any reasonable person would’ve seen it. You usually can’t, for example, hold a property owner liable for you falling into a gigantic hole in the ground that’s visible for a hundred yards, or you slip and fall trying to walk up a really steep hill during an ice storm.
What Constitutes Negligence
Negligence means that someone was irresponsible or careless to the point where you got injured. In order to prove negligence, there are several factors that must be demonstrable in court. First, that someone was, in fact, irresponsible — that they behaved or failed to behave in such a way that runs counter to the behavior a normal reasonable person would undertake. Second, that this irresponsibility was the direct or proximate cause of your accident, and that you suffered harm as a result.
Calling a Slip and Fall Lawyer
If you are involved in a slip and fall case where someone else was at fault, you may be entitled to significant compensation for medical bills, lost earnings and future potential, damage to your quality of life, pain and suffering and more. To have the best shot at getting damages for your injury, however, you need the help of a qualified slip and fall lawyer like those at Disparti Law Group. Give us a call for a free consultation on your case today!