Slip and Fall Accident
In a slip and fall accident, a person trips, slips, or otherwise loses their balance, resulting in injury. In some cases, this may be your own fault—you might trip over your united shoelaces or fall down your own stairs. But if you slip and fall due to someone else’s negligence, you may be entitled to compensation.
Slip and fall accidents have gotten a reputation for being the byproduct of a litigious society—that these are fraudulent cases. In reality, most slip and fall cases that gain momentum are egregious. Victims may be dealing with massive, life-changing injuries, and their falls could have been completely prevented if only a business owner chose to obey the law or just use common sense.
If you need help with a slip and fall accident, working with a lawyer can help you better understand your case.
Types of Slip and Fall Accidents
Slip and fall cases are typically based on premises liability laws. When an individual or business owns property and hosts people on that property, they have a responsibility to keep those people safe. When that responsible party fails to handle their responsibilities, people get hurt.
Most slips and falls happen on commercial property—parking lots and businesses where people commonly travel.
These are some of the most common types of cases:
- Wet floors - All businesses need to occasionally clean up spills and mop floors, but they need to post signage warning people that the floors are wet. If that signage isn’t present, it’s too easy to lose your footing and slip.
- Potholes - Parking lots and sidewalks need to be properly maintained by business owners. If you trip and fall due to an excessively large crack, or a pothole in the parking lot, you can hold the business liable.
- Code violations - Businesses are required to adhere to a number of structural building codes. If they violate any of those codes in a way that renders you vulnerable to slips and falls, they could be responsible for your injuries.
- Improper security - In some cases, your fall may be due to inadequate security. For example, if a store is robbed and the robber pushes you down in their escape, you may be able to hold the business liable for not having proper security measures.
- Ice and snow - We don’t get much ice or snow in California, but these are common root causes of slip and fall cases in other areas of the country. Businesses are required to keep their parking lots and sidewalks reasonably clear of slippery hazards, and if they don’t, they often become liable for people who fall.
Variables to Consider in a Slip and Fall Case
In some slip and fall cases, you may be eligible to earn significant compensation. You’ll be awarded money to pay for all your medical bills, as well as compensation for the mental pain and suffering you experienced during the event.
However, there are several variables to consider in each case, including:
- The extent of your injuries - The more severe your injuries are, the more seriously you should consider taking legal action—and the more seriously your case will be taken.
- The responsibility of the business - Was the business responsible for keeping this area free of obstacles?
- The degree of neglect or failure of the business - Certain cases are more severe than others. For example, a parking lot riddled with potholes that haven’t been fixed in many years is much more serious than a slip and fall case that occurred immediately after a light snowfall.
- Evidence or proof - You’ll also need lots of proof of the slip and fall if you’re going to win your case. You need to establish the liability of the business as well as the date and way you sustained your injuries.
- Notice of the hazard or danger - One of the most important variables is whether or not the premise owner had either actual or constructive notice of the hazard or danger that caused the trip and fall or slip and fall.
If you aren’t sure about the strength of your case, or if you’re suffering from injuries you sustained from a slip and fall, contact Manny Arce today! His office is standing by to help you.