Slip and fall cases are so common, and sometimes confusing, that it merits exploring the issue legally. In terms of who is at fault and who has no legal fault, the personal injury laws are somewhat open.
If you or a loved one has been involved in a slip and fall accident, and suffered a serious injury, you often have a right to a claim. It all depends on what exactly happened, what mistakes were made showing fault, and who you hire to represent you.
The general idea of a slip and fall is that a slick surface, open hole, or other problem causes an accident. If the person is hurt, he or she does not always have a right to a claim. First and foremost is proving fault. If the mistake was obviously made by a poor decision by the person who fell, he or she likely has no claim. On the other hand, if negligence led to the injury, meaning the owner of the property did not manage the floor or ground well, then fault can be proven.
Who is at fault?
You can't always make a case that the owner of the property was at fault. However, under certain guidelines there are many instances where you can. If the owner caused the accident by spilling something, wearing ground out or tearing floor, or otherwise causing the ground to be dangerous, he or she can be at fault. If the employer knows of the problem and does nothing, he or she can be at fault. If a competent person overseeing the property would have caught the dangerous ground, fault can be given.
You can't always make a case that the owner of the property was at fault. However, under certain guidelines there are many instances where you can. If the owner caused the accident by spilling something, wearing ground out or tearing floor, or otherwise causing the ground to be dangerous, he or she can be at fault. If the employer knows of the problem and does nothing, he or she can be at fault. If a competent person overseeing the property would have caught the dangerous ground, fault can be given.
If the above examples occur you have a case for the owner of the property being at fault. Each of these is commonly used in proving slip and fall fault in personal injury cases.
What mistakes can you make?
The plaintiff, the one suing for damages (you, in other words), may make some mistakes as well. These can directly affect your claim. First, if you had no reason for being in the spot where you fell, you may have a problem (such as being in an off-limits area). Would a more careful person have made the same mistake? Were you distracted by anything that occurred? Finally, was there a warning, such as a wet floor sign?
The plaintiff, the one suing for damages (you, in other words), may make some mistakes as well. These can directly affect your claim. First, if you had no reason for being in the spot where you fell, you may have a problem (such as being in an off-limits area). Would a more careful person have made the same mistake? Were you distracted by anything that occurred? Finally, was there a warning, such as a wet floor sign?
If any of the above points apply to you, it may make it more difficult to win a personal injury claim. Do not let that sway your decision. If the points before this show the owner was careless, you often still have a claim.
How much compensation?
This all depends on the nature of the claim, how your life has been affected by the slip and fall, and what kind of compensation you feel is fair. You can expect claims to be less than other personal injury claims unless the injury was major. A sprained ankle, for example, is compensated less than medical malpractice. On the other hand, if you are an older person and your slip and fall causes serious injury, you often have right to sue for major damages. The worse the injury, the more affect it has on your life, the greater the compensation.
This all depends on the nature of the claim, how your life has been affected by the slip and fall, and what kind of compensation you feel is fair. You can expect claims to be less than other personal injury claims unless the injury was major. A sprained ankle, for example, is compensated less than medical malpractice. On the other hand, if you are an older person and your slip and fall causes serious injury, you often have right to sue for major damages. The worse the injury, the more affect it has on your life, the greater the compensation.
As with all personal injury claims no win no fee, most serious slip and fall cases are settled before stepping into court. This process does not happen overnight, and requires an experienced lawyer to help you. A good personal injury lawyer can mean the difference between a major win and a waste of time.
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