When you enter an establishment, you have a reasonable expectation that the property is safe and clear of hazards that might cause you to slip and fall. Unfortunately, this isn’t always the case, and some property owners fail to uphold their duty to provide a premise clear of anything that might cause you to slip and fall or take steps to manage existing hazard.
If you were recently injured in a slip and fall accident due to a property owner or staff member’s negligence you might be wondering how you can prove their liability in court. Most property owners, especially business and commercial property owners, have liability insurance. However, insurance companies are notorious for disputing premises liability claims.
It can be difficult to find evidence that a property owner behaved negligently and is liable for your injury after a slip and fall accident. Contacting a lawyer with experience in premise liability law and slip and fall injury cases may increase your chance of receiving a fair claim payment.
Slip and fall accidents can result in serious injuries that can cause long-term damage beyond the scope of physical injuries. Common slip and fall injuries can include:
Many of these injuries can result in high medical bills, missed work and a reduced quality of life.
While pursuing a slip and fall case, it’s important to prove not just that your accident was caused by hazardous conditions on a property, but also that the property owner knew about the danger and had time to correct the conditions.
You must also prove that the slip and fall accident was not a result of your own distraction or negligence. If you were on your phone or were wearing improper footwear it might be difficult to prove that your injury was the result of the property owner’s negligence rather than your own.
Some common conditions that cause slip and fall injuries include:
During your slip and fall case you will have to prove that your accident was caused by the negligence of the property owner or the employees of the business in which you were injured. This can be one of the more difficult aspects of the case.
You will need evidence that the hazardous condition was caused by the property owner or an employee or that they should have known of the condition and didn’t take proper steps to mitigate the risk.
If you fell on a wet floor that was recently mopped by an employee, but there was a wet floor sign present, you might have a tough time proving liability. The property owner could argue that they took necessary steps to warn visitors, but you ignored the warning.
Put simply, to establish liability in a slip and fall case you must:
In a slip and fall case, comparative negligence is the idea that more than one person is at fault for the injury.
If a clothing store left boxes in between racks of clothing that created a tripping hazard, and you tripped while walking down an aisle on your phone, comparative negligence doctrine may come into play in your claim. The store could argue you wouldn’t have tripped had you been watching where you were walking, but you might argue you wouldn’t have fallen at all had they not negligently left boxes in a walkway.
More than one party can be at fault for an accident. If there are multiple parties to blame for an injury, comparative negligence is applied to apportion liability appropriately.
Comparative negligence can negatively alter the outcome of your case if the defendant can argue that your carelessness, inattentiveness or negligence contributed to your own injuries.
If you recently experienced a slip and fall injury due to someone else’s actions or inaction, you might be unfairly burdened with medical expenses while simultaneously being unable to work. Successfully negotiating a slip and fall injury claim is not always an easy task, especially if the insurance company and business has a lot of money on the line. Many insurance companies have experienced premise liability lawyers who can make it difficult for you to get paid what you’re rightfully owed.
Zdrilich Injury Law in Duluth, Georgia believes that you have a right to compensation when you are injured due to someone else’s failure to uphold their duty. Joseph Zdrilich is unafraid to take on big insurance companies that try to pay you less than you deserve and is ready and willing to fight for you in court. Contact us online for a free consultation on your case today.
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Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
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