Nearly everyone has slipped and suffered a nasty fall at some point in their life. While most slip and fall accidents are minor, some can be very serious, resulting in major injuries and long-term disability. After a devastating slip and fall accident, it’s common for the injured party to consider filing a personal injury lawsuit against the owner of the property where their fall occurred.
Before you file a slip and fall lawsuit, it’s important to examine a few factors that will determine the validity of your suit and the potential to win your claim. Find out if you have the basis for a slip and fall lawsuit, and learn how you can plan your case with the help of a slip and fall lawyer.
Like any personal injury case, winning your slip and fall claim depends on your ability to prove that your injury was caused due to the negligence of another party. In these cases, the liable party would be the property owner. However, for a property owner to be responsible for your fall, your accident must have been caused by a dangerous condition that was reasonably preventable.
For instance, if you slipped on an icy sidewalk, tripped on a pothole, or fell due to cracks in the pavement, you may be able to file a lawsuit if the property owner knew about the dangerous situation and did nothing to correct it.
Notifying the Property Owner
As mentioned, a property owner must be aware of the dangerous condition on their property for them to be liable. This means that the property owner must have been notified about the dangerous condition in order to be held liable. For example, if a crack develops in the sidewalk in front of their property, the property owner must be aware of the crack before they can be subject to a personal injury suit.
When trying to prove that a property owner was aware of a dangerous condition, you may be able to make use of security footage or other photographic evidence of your fall.
Posted Warning Signs
While it can be easy for property owners to correct issues like slippery sidewalks or floors, other issues that can cause a slip and fall accident may take time to fix. If a dangerous condition is likely to persist for an extended period of time, a property owner is required to post a warning sign to alert the public.
If no warning sign is posted, then a property owner will be liable for any injuries that occur. On the other hand, if there is a posted warning sign and you ignore it, then you will have a difficult time proving liability, even with the help of a slip and fall lawyer.
Work with a Slip and Fall Lawyer
If you suffered a slip and fall accident due to the negligence of a property owner, then you should strongly consider filing a personal injury claim. To get help with your case, you should hire a slip and fall lawyer from Heuser & Heuser, LLP.