Slip-and-fall accidents are sudden and seem to be unavoidable: we are never prepared for the nasty surprise of slipping, stumbling, falling, and hitting the floor with enough impact to break a bone. Usually, slips and falls are caused by unexpected obstacles in our environments, such as water or oil on the floor, unseen low obstacles, or a hole in the sidewalk. Not every fall is somebody else’s fault, but some slip-and-fall accidents that cause injuries can be due to unsafe conditions that are preventable. In such cases, the injured party can have a basis for a personal injury lawsuit against the person who was responsible for allowing hazards to exist that can impede safe walking in an area that person controls.
An individual can claim compensation for injuries from a fall due to the legal concept of breach of duty of care. A shop owner, for example, has a duty to provide a safe place for customers to do business, with dry, non-slippery floors that are free of obstacles or debris. If a customer slips and falls on a slippery floor and is injured, and the owner is responsible for the dangerous condition on the property because the owner knew or should have known about the dangerous condition, it is a breach of the owner’s legal duty, and the injured customer has a legitimate reason to file a personal injury claim. It’s time for that customer to consult an attorney who will explain the ins and outs of slip-and-fall injury lawsuits.
The injured person has to prove that the business owner was aware of the hazard, and failed to remove it or warn customers of it. A hazard can result from a fallen broken object or spilled container, damage to the cement on a sidewalk or step, or a step or stair that is not clearly marked. If a clear warning of the hazard (such as cones or a sign indicating a floor is wet from recent cleaning) is visible, then the owner is usually not liable as long as the signage is adequate and visible notice to the customer.
When you file a claim, the owner of the business will argue that you were responsible for slipping and falling. The shop owner may claim that you were on a part of the property where customers weren’t supposed to be, or that you were on the phone and not paying attention, or that your shoes were unsafe. That’s why you need a trusted attorney to negotiate a fair settlement to compensate you for your injury.
At Hudson Law Firm, we put PERSONAL back into Personal Injury Law. For an injury claim evaluation, call us at (972) 360-9898, or visit our website to chat with an associate. We understand and care about your injury, and look forward to helping you with your accident claim.