Slip and fall, or premise liability, refers to the liability of a property owner for personal injuries sustained on their property. A “slip and fall” injury case may include injuries from the following:
- Losing traction, slipping and falling on a walking surface
- Stumbling over an obstruction on a walkway or surface of the property
- Losing your balance and falling into a hole on the walkway or surface of the property
- Tripping over a foreign object on a walkway or surface of the property
In order to be eligible for compensation for a slip and fall injury, your attorney must prove that the property owner is liable for the accident. A property owner may be held liable for your injuries under the following laws and precedents:
- Dangerous Condition: The property owner created a dangerous condition or was aware of a dangerous condition on the property and did not exercise reasonable care or was negligent with regard to the condition and the person is injured because of the dangerous condition.
- Notice of Condition: The property owner did not provide a reasonable warning or notice to prevent injury due to an unsafe condition and a person is injured from the dangerous condition.
- Constructive notice: The property owner had constructive notice of the hazardous condition. Even if a property owner was not aware of the hazard on their property, if they should have had knowledge of the condition the person was injured from, they are considered to have constructive notice.
- Mode of Operation:This legal theory provides that a property owner is liable if they could have reasonably foreseen or anticipated a foreseeable risk that the operation of his or her business would create the dangerous condition the person is injured from.
Slip and fall accidents can lead to severe personally injuries
Sometimes a slip and fall is just a nuisance. Minor cuts and bruises are not the slip and fall cases we are talking about here. Slip and fall accidents can be serious, leading to traumatic brain injury, spinal cord injury, bone fractures and even death. Even if you had a previous injury, if your injury was aggravated by your fall, you are still entitled to compensation for damages. The elderly are most likely to suffer from severe injuries from falls, and their claim is no less important or valuable due to the age or frailty of their bodies. If the negligence of a property owner leads to an injury, they are liable to pay damages to the victim.
What facts will a Premises Liability attorney evaluate in my case?
- The level of severity of your injuries.
- The reason for your visiting the property. (i.e. business, social visit, trespassing)
- Did the property owner know, or should they have known, about the hazardous conditions?
- Did the property owner take reasonable precautions to warn about the hazard?
- Did you contribute to your accident through your own lack of care?
- Were you intoxicated at the time? If yes, would a sober and alert person with average intelligence have been injured in the same way?
Government and Public Property
Just like personal property, Government owned property and public property need maintenance and reasonable care to ensure the public is not injured by unsafe conditions. If a government employee is negligent and causes an injury (i.e. falling into an unmarked open man-hole) the victim may have a good personal injury claim, but the process is very different than claims against a private property owner.
In a case like this, you have a very short time-frame in which to bring a claim:
- A person must file a notice of claim within six months of the date of injury or the claim is lost.
- After the notice of claim is filed, a person then must file his or her lawsuit within one year of the date of injury or the claim is lost.
You must act quickly. Call an experienced slip and fall attorney like Moore Injury Law right away if you were injured on public or government property.
Moore Injury Law is an Experienced Premise Liability Law Firm
- Bus Driver slips in Carl’s Jr. and breaks his wrist, loses job – $300k litigation settlement before trial.
- Elderly woman slips and falls at Home Depot. Home Depot denied liability. – $215k Jury trial verdict for woman.
- Man falls in open manhole – $750k pre-litigation insurance settlement.
If you were injured due to hazardous conditions on private or public property, Moore Injury Law will get you the compensation you deserve.
We will take your case on a contingency fee basis, which means if you don’t get paid, we don’t either.
We always offer a free consultation. Call us today at 602-795-6605.