"Slip and fall" is a phrase used in personal injury cases where a person may trip, slip, and fall on another person's property. Many people are seriously injured each year when they fall on a flight of stairs, or trip over an uneven floor surface, or an irregular piece of ground. How can a personal injury attorney prove negligence in these cases?
Property owners should be careful in keeping up their property. By the same token, it is a normal part of life - gravity, in fact - that allows things to drip onto the floor, and for once smooth surfaces to crack or become uneven. For a property owner to be legally responsible for your injuries incurred on his property, one of three things has to be true:
- An employee or the property owner had knowledge of the treacherous surface but did nothing to rectify it
- An employee or the property owner caused the dangerous spill, torn spot, or other icy or greasy surface to be underfoot
- A "reasonable person" caring for the property would have noticed the slippery surface and fixed it
A client's own "carelessness" must also be examined. Was it reasonable for you to be in that place? Would a more careful person have seen the dangerous location, and walked around it? Were there any signs warning about the dangerous spot? Were you jumping or running, or acting in such a way that helped to cause your fall?
A personal injury attorney will investigate all of the above questions, and weigh it against legal liability. He will also help you to protect your legal rights after an accident, assist you with insurance company claims, and negotiate a fair settlement. For professional legal assistance, contact Welcenbach Law Offices today!