Slip and fall accident are more common than most people might think, as they can occur at a store, on public property or even at a friend’s house. Many of these accidents may be minor, but some can be severe, resulting in back and spine injuries, hip injuries, breaks and fractures, and even traumatic head injuries. Such severe injuries can result in extensive treatment, disabilities and high medical costs. It is important to know that if the accident occurred anywhere but your own property, you may have grounds for a personal injury claim which could compensate you for these damages. Whether another party is liable for your injuries depends on a few factors.
To be considered a slip and fall accident, the fall must have been caused by a condition that was out of your control and could have been prevented by the property owner. Some of the more common causes include wet, icy or slippery walking surfaces, uneven surfaces, obstructed pathways or even poor lighting.
Property owners and tenants have a duty to maintain safety on their properties and prevent potential hazards for any potential entrants or visitors. If failure to do so results in an injury, they may be liable. Even if the condition was unintentional, the property owner can be found liable for negligence, meaning they did not act reasonably to prevent potential accidents.
To have a valid slip and fall accident case, you must be able to prove liability by showing the court that the property owner’s negligence caused the accident and your injuries. You must provide the following elements to prove liability:
- The property owner had a duty to provide safe conditions to you as an entrant
- The property owner either knew, should have known or caused the dangerous condition, and failed to repair the condition
- A dangerous or harmful condition existed
- You suffered damages as a result of the slip and fall accident
In a slip and fall claim, you must prove that you suffered damages as a result of the accident. These damages also may be recovered in a successful case. Some of the more common damages include medical bills and costs, lost wages from an inability to work, pain and suffering, mental anguish, and disabilities requiring long-term care or treatment.
These damages can cause a victim substantial stress and financial struggles, so it is important to get the necessary compensation if another party is at fault for the accident. An experienced personal injury lawyer Miami FL citizens turn to can review your case and take the necessary steps to build a strong claim. He or she can work on your behalf to protects your rights and improve your chances of a fair settlement.
Thanks to our friends and contributors from the Law Offices of Needle & Ellenberg, P.A., for their insight into personal injury.