Premises Liability Accidents
Premises liability accidents are generally referred to as “slip/trip and fall” accidents. These accidents occur when a person slips and/or trips and is injured due to a dangerous condition that was on the ground he/she walked on. Depending on the circumstances surrounding your injury, the owner of the property could be held legally responsible for the injured party’s damages: medical bills, lost income, and pain and suffering.
Conditions That May Lead to Personal Injuries
There are several dangerous conditions that can lead to a person suffering an injury on the premises of another: torn carpets, poor lighting conditions, broken tiles, uneven sidewalks, rain-filled potholes, and wet floors are common culprits. Every case needs careful investigation as to whether the business owner has acted responsibly. Here are some general rules that govern the determination of fault in slip and fall injury cases.
What to Look for When Determining Fault
A person who sustained a slip and fall injury at another person’s property must prove that his/her fall was a result of the “dangerous condition” which the property owner knew or should have known of. A “dangerous condition” is a defect which creates a substantial risk of injury when a property is used in a reasonably foreseeable manner.
In order to prove that a business owner was aware of the dangerous condition, and therefore be held liable for the customer’s slip and fall injury, the business owner must have:
- Caused or allowed the spillage, worn or torn carpet/flooring, slippery substance, or any other dangerous item to be on the ground.
- Noticed, or should have noticed, that the condition was present for an extended period, and failed to take measures to remove the dangerous condition. For example, a store owner will likely be held liable for an injury sustained by a shopper who slips on water that was on the floor in the produce area for several minutes.
What to Do If You Are Involved in a Premises Liability Accident
If you ever slip or trip on someone else’s property due to a dangerous condition, here are a few things that you should do as soon as possible:
- Call 911 if you are injured
- Take photos of the area where you fell, specifically whatever caused you to fall
- Sit and wait for medical assistance to arrive
- When possible, obtain a copy of the incident report before you leave the site of the accident.
- Take photos of your shoes and clothes, particularly any stains, dirt smudges, or watermarks that are left on your clothing as a result of the fall.
- Preserve your shoes and clothes in a sealed bag, if possible. If a picture is worth a thousand words, the actual clothing is worth a million.
Schedule a Free Case Evaluation
Don’t go it alone. Slip/Trip and fall cases can be challenging to navigate. Visit us on the web at www.thefergusonfirm.net, or call our office at 561-840-1846 to schedule a free consultation today. We are here to fight for you!