Many people get injured in slip and fall incidents every year, but there are some important things you should now about the mechanics of a slip and fall injury.
Slip and fall injuries are premises liability cases. The owner of the premises owes a duty of care that the premises are safe under reasonable and ordinary circumstances.
Typically this happens in a business environment but can also occur at a private residence. The essence of the claim must be that the injured party could not have reasonably ascertained the dangerous condition of the premises and that the owner was aware of and should have taken steps to correct the problem.
While this appears simple on its face, there are many defenses available to the owner. One of the most common defenses is that the dangerous condition was open and obvious and in plain view or that the owner had no knowledge of the problem.
Follow our tips to avoid making a mistake with your case
- Our office suggests that you make a report immediately following the incident and if possible, take pictures of the accident scene shown from your perspective.
- Get names and phone numbers of any witnesses to the event.
- If possible, try to get a statement in writing from a manager or supervisor as to why the dangerous condition was not corrected and any routine maintenance schedules.
Remember that a slip and fall on a natural accumulation of ice and snow is normally not the property owners responsibility. There are some exceptions to this rule if the property owner has attempted to clear the snow and ice and has done so improperly.
Please contact our office for assistance with these difficult cases. We can help you recover your losses.