Slip and fall incidents do not occur due to mere misfortune. Rather, they could result from hazardous property conditions or negligent behavior of the other party. Within moments, you can sustain severe injuries, medical bills, loss of wages, and an uncertain future in terms of who would be at fault.
Where the root cause of injury is unsafe property conditions, the property owner may be liable. This is an indication that the property owner, business owner, property manager, or any other entity did not undertake measures to eliminate the hazard.
However, for an individual to hold the other party legally accountable for his/her injury, he/she must provide proof of negligence that was the cause of the incident.
This article will guide you through premises liability, duty of care toward lawful visitors, and how liability is established. This could assist the injured in protecting their rights. Let us continue reading further to learn more.
What Is a Slip and Fall Accident?
A slip and fall accident occurs when a person falls because of someone else’s unsafe property conditions. A slip and fall accident lawyer can help determine whether a property owner may be legally responsible for the injuries caused by unsafe conditions.
These kinds of accidents come under premises liability law. It is through this that one can ascertain whether or not the property owner is liable for any damages arising from unsafe premises. The slip and fall accidents can happen in various places, primarily:
- Businesses
- Rental properties
- Sidewalks
- Parking areas
- Private residences
What Causes Slip and Fall Accidents?
Slip and fall accidents occur due to several reasons and cause injuries and, in some cases, death too. Common causes of slip and fall accidents include:
- Wet floors and spills
- Leaking water
- Slippery floor
- Irregular floor surface
- Cracked pavement
- Damaged sidewalks
- Damaged stairways
- Loose railings
- Faulty flooring
- Torn carpets
- Insufficient lighting
- Objects causing obstructions
- Ice and snow dangers
In cases where these conditions arise due to lack of property maintenance or negligence on the part of the property owner, the victim may be able to file a personal injury lawsuit.
How Does Premises Liability Determine Property Owner Responsibility?
Premises liability is defined as the responsibility of the premises (land), the business or the individuals who are in charge of the premises in ensuring the safety of the premises to the visitors by putting up safety precautions that will ensure that the visitors will not be harmed.
- Duties include:
- Checking the premises
- Ensuring safe walkways
- Removal of dangers
- Warning about dangers
- Preventive measures
The responsibility will depend on the status of the individual regarding the premises. This means that guests and shoppers will be treated better than the trespassers.
When Is a Property Owner Liable for a Slip and Fall Accident?
A property owner may be liable when their negligence creates or allows a dangerous property condition to exist. These include:
The Owner Created the Hazard
A property owner would also be held liable if he or she caused the unsafe conditions. Such causes include:
- Floors having spills
- Failure to repair broken staircases
- Having faulty floors left unattended
- Pathways that are unsafe created
When a property owner causes unsafe conditions, then property owner negligence would be proven.
The Owner Had Notice of the Hazard
The main issue with liability revolves around the knowledge of the existence of the hazard by the owner. Actual notice involves situations in which the property owner or one of his/her employees knew of the presence of the danger.
Constructive notice involves situations in which the hazard remained for a certain period of time during which the owner should have known of its presence.
The Owner Failed to Warn Visitors
Property owners must warn visitors about known hazards. If they fail to use warning signs or barriers, they may be held liable.
How Do You Prove Negligence After a Fall?
To prove that your slip and fall injury is a result of negligence, you need a list of evidence. For a successful slip and fall claim, you usually need to prove:
- The landlord was under an obligation to keep the premises safe.
- The landlord did not act reasonably through either ignorance, creation, or failure to warn about the hazardous condition.
- The hazardous condition led to the occurrence of the accident.
- This accident led to either financial loss or physical injury. Preservation of evidence is necessary to prove negligence.
What Should You Do After a Slip and Fall Accident?
After a slip and fall, following these steps can help you protect your health and rights:
1. Seek Medical Treatment
Some slip and fall injuries may not appear immediately. Do not ignore it even if you feel “fine” at the place.
2. Report the Accident
Reporting the incident creates an official record and helps document what happened.
3. Gather Evidence
Important steps include:
- Taking photographs
- Collecting witness information
- Preserving accident reports
- Saving medical records
4. Avoid Making Statements
Insurance companies use recorded statements as evidence to reduce claims during case proceedings. So, know your rights before giving any statement.
How Do Insurance Companies Handle Slip and Fall Claims?
Insurance companies may conduct an investigation to find out whether there is liability coverage or not. Insurance adjusters usually investigate the following:
- Responsibility of the property owner
- Negligence involved
- Whether injuries have anything to do with the accident
- Amount of damages
- Some claims might include:
- Denial of the claim
- Low settlements
- Insurance negotiations
- Disputes over the settlements
What Compensation Can You Recover After a Slip and Fall?
Compensation you may recover after a slip and fall accident depends upon the severity of injuries, loss of income, and how strong your claim is. Potential compensation may include:
Economic Damages
- Medical expenses
- Medical bills
- Lost wages
- Loss of earning capacity
- Future medical expenses
- Rehabilitation costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Reduced quality of life
Do You Need a Slip and Fall Attorney?
To examine all sides of the case, gather evidence and communicate properly with insurance companies, you require a slip and fall lawyer. He will be familiar with the law and also knows how to negotiate with the insurance companies.
Hernandez Injury Law helps personal injury victims across Utah understand their rights and pursue fair compensation. If a slip and fall incident is your case, you can consult with their experienced attorneys without any fee.
FAQs
When is a property owner liable for a slip and fall?
If a property owner creates a dangerous situation, is aware of the dangerous situation, had a duty to discover the situation, or did not post warnings, liability can be established.
Can You Be Partially Responsible for a Slip and Fall?
Certainly. There may come a time where the law on comparative negligence or comparative fault will limit your award based on the finding that you were also at fault for your slip and fall injury.
Can you sue after a slip and fall?
Yes, as long as your injuries are due to the negligence of the property owner and you are legally permitted to be where you are at.
How long do you have to file a slip and fall claim in Utah?
This depends on the scenario in which such claims can be made. Based on the statute of limitations, one can make slip and fall claims after four years. However, there are different periods based on where the claim is being filed.
Conclusion
In the case of a slip and fall accident, the negligence of the property owner leads to liability. But if the owner warns the visitor of the possible dangers, the owner is still covered from liability. Negligence has to be proven by using proper evidences and documents, along with the help of a professional lawyer. Hernandez Injury Law offers free legal help for personal injury cases in Utah.
