A slip and fall case refers to an incident in which a person slips, trips, or falls while in someone else’s property as a result of a hazardous or dangerous condition prevailing in the premises. This mainly happens when a property is poorly maintained or the owners or caretakers are extremely negligent. Usually, you may see a ‘floor is wet’ yellow-colored caution board on shopping malls and hotels. This is to alert their customers about the wet floor so that they can be careful and avoid slip and fall injuries. In California, a person is charged guilty for slip and fall cases if an owner opts to consciously ignore the dangerous condition of his property.
Some of the common cause of slip and fall cases include;
- Plumbing leaks
- Wet floor
- Uneven floor
- Loose carpeting
- Missing or broken railings
- Uncovered cords and cables
- Broken furniture
- Failure to put up warning boards or signs
- Failure to rope off construction sites
While the victims of most slip and fall cases end up with mild injuries, some people are left with severe ones. During the fall, the chances for the expensive watches, phones, etc.,of the victim to get damaged are more as well. Hence, it is really important to consult a slip and fall lawyer and file a lawsuit for obtaining compensation for your damages. For this, you must be well aware of whether or not you are liable to file a slip and fall lawsuit and your chances to win the case. Note that a successful slip and fall injury claim depends on how well your slip and fall attorney can prove the following three things in the court.
Liability – The property owner or the defendant had the liability of care and failed to fulfill it. Note that a property owner is responsible for the well beings of every entrant in their premises. However, the level of responsibility of the owner will depend on the type of entrant. It is to be noted that an invited guest is regarded as the highest level of entrant and if that person got injured as a result of the improper condition prevailing in one’s premises, the owner will be charged. That is, you can surely win your slip and fall injury claim if your slip and fall lawyer can prove that you were an invitee or at least a licensee.
Negligence – the plaintiff was injured because the defendant was completely negligent towards his/her duty. For this, your attorney will have to prove that the defendant chose to ignore the dangerous condition prevailing in his premises for a sufficient period of time.
Fault/responsibility – the major parts that contributed to the injuries and damages happened to the plaintiff is due to the negligence and the breach of duty on the part of the guilty or defendant.