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What factors make my case eligible for a premises liability lawsuit?

January 7, 2017

Simply put, a slip or fall accident is either a slip or a fall on somebody else’s property resulting in injury. The property owner has certain legal responsibilities to maintain a hazard free space. In an event where a person is harmed due to unsafe conditions, the owner of the property may be legally required to cover some or all of the expenses related to the injury, lost wages, rehabilitation, etc. Some victims of slips and falls are partially responsible for their accidents.

Before you file a claim for premises liability, consider these eligibility requirements:

Did the property owner know of, create, or not know of unsafe conditions and fail to fix them in a timely manner? Consider this situation: While in a grocery store, one customer accidentally drops a gallon of milk. Seconds later another customer slips on this spill. The store may not be liable in such an instance where the property owner did not have reasonable time to be made aware of the mess.

On the other hand, a large crack in a concrete sidewalk typically does not appear overnight. Not only are cracks in concrete easy for the pedestrian to overlook, the property has an obligation to maintain a hazard-free premises. Proving negligence or lack of diligence is the most critical detail for your case.

Were warning signs present at the scene (wet floor sign, caution sign, etc.)? Was the spill clearly identified with a wet floor sign? Was the construction area clearly marked as hazardous? Were you carelessly running across an icy surface? Sometimes people deliberately try to slip and fall in fraudulent cases. It is also a common defense to claim the plaintiff could have avoided the situation or caused it himself or herself. Proving your actions were genuine is required.

Can medical documentation of the injuries sustained at the property be shown? Without proof of injury, your case will be more difficult.

Is photo evidence available? Assuming you’re not in an ambulance and your medical needs aren’t life threatening, it will only benefit you to take photos of the accident site and your injuries. The more pictures, the better.

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