Elements of A Slip and Fall Claim
Nov. 1, 2018
Sadly, many people suffer injuries every single day in slip and fall accidents on other people’s property. To bring forth a personal injury claim, certain things must be proven to be successful. It’s essential to determine that the elements listed below exist in a person’s lawsuit.
Hazardous Conditions on The Property
Property owners are legally responsible for maintaining safe areas on their premises for visitors. Hazards that can lead to a person slipping and falling and suffering an injury. If a person plans on initiating a personal injury claim, they are required to prove that the property posed a risk to visitors and guests. If there is a threat, there must be a sign that informs patrons of the problem.
Unsafe conditions can include the following:
Wet or slippery floors
Uneven walkways and floors
Debris littering the floor
Lack of railings on staircases
The injured person is also required to show that the property owner was aware or should have known about the hazardous conditions on the premises. Generally, courts look at industry standards when deciding whether the proprietor should have known about any dangerous situations. The property owner is always required to warn anyone on the premises of any potential peril on their premises. If they fail to do that, they can be held liable for injuries.
Being Allowed on The Property
A victim must also have been allowed on the property at the time of the slip and fall. Generally, a person’s status on the property depends on why they were there and the relationship to the owner. Two different types of visitors can sue if they end up getting hurt on the estate:
Invitee: An invitee asked to the property on behalf of the owner, such as a tenant, customer or maintenance worker. The owner must warn invitees of hazards on the property.
Licensee: Licensees are individuals visiting a plot for outside purposes, such as meeting a family member or friend of the owner. Licensees must receive a fair warning if there are hazards on the property.
On the other hand, a trespasser is a person who illegally enters a property without permission. Property owners aren’t liable for injuries suffered by a trespasser, but they are not allowed to harm this individual either.
Calculating Damages and Fault
The insurance company determines whether the victim’s injury is their fault or if the proprietor is responsible. The best thing a person can do after sustaining any wounds is to call the police. Don’t speak to any employees or admit anything. Once the authorities arrive, they’ll make a report based on their impartial observations. This document will help you in court because it’s likely that the landlord will try to shift the blame.
Finally, the individual must also prove they suffered damages, including any financial losses due to the injury. Most people’s settlements include lost wages, out-of-pocket medical expenses, and other types of pain and suffering.
If you or a loved one has suffered a slip and fall injury, don’t delay in seeking expert advice as soon as possible from a reputable personal injury lawyer in Davie. At the Law Offices of McCullough and Leboff, we have over 48 years of experience in the handling of slip and fall cases in South Florida. Contact us today for a free consultation regarding your claim.