When Is a Company Liable For a Slip and Fall Injury?
Posted: Thursday, February 21st, 2019 at 11:39 pm
When Is a Company Liable For a Slip and Fall Injury?
You walk in the door to an office building, slip on wet ground, and land on your back. It’s painful and embarrassing, but worst yet, you’re injured. Who’s to blame? Slip and fall injuries can be anywhere from a minor inconvenience to a very serious problem. Whether you received a minor bruise or you were hospitalized, you still have a right to compensation in most cases. In some situations, however, you aren’t able to receive as much (or any) compensation. So what determines whether or not the company is liable for your slip and fall injury? Every case is different, and you should contact a personal injury attorney in your state to find out exactly what you should do, but here are some general guidelines.
Knew and Took No Action
If the property owner knew about the condition but took no action to prevent an injury or remedy the dangerous condition, then the property owner is probably liable. From a legal standpoint, it’s the property owner’s responsibility to know what’s going on in their building and to protect those who enter it — whether they work there or are visiting. It can be hard to prove that the property owner knew about the condition, but if you can prove that the owner knew and didn’t do anything about it, you likely have a solid case against the company or property owner.
Should Have Known
Another legal stipulation that may come into play during your case is whether or not the property owner should have known that the dangerous situation existed. For instance, if the elevator in a building was seriously damaged and its faulty operation caused your injury, the property owner should have known that the elevator was dangerous. Why? Because they own the property and, therefore, have a responsibility to keep up the maintenance of those types of things.
Created the Situation
Maybe the property owner created the situation. In that case, you almost certainly have legal options when attempting to get restitution from the company or property owner. For instance, if a property owner had an event in the lobby and water ended up on the floor, that would probably fall under the category of the property owner creating a dangerous situation. This is particularly true if no warnings, signs, or other precautions were put into place to warn people that an area would be wet.
Went On For Too Long
There are some dangerous situations that cannot be addressed immediately. However, if a property owner let a dangerous situation go on for too long, he or she may be liable for any injuries that occurred because of that dangerous situation. To use the elevator example, perhaps the property owner realized there was a problem with the elevator but waited a year to fix it. In a court of law, that would probably be considered too long to have waited to fix an issue as serious as a faulty elevator.
When Companies Are Not at Fault
While the company or property owner is responsible for making sure that their property is safe, there are some situations in which the property owner will not be found liable. For instance, if the victim of the slip and fall was careless in their actions, the court may find that their actions contributed to the situation. While that victim may receive some compensation, it likely will not be the same amount of compensation they would have received had they not been a contributor to the accident. Another reason that somebody would not get the compensation they thought they deserved from a company is if the victim themselves created the situation or ignored posted signs or warnings. Any time a victim contributes to or causes their condition of being a victim, the court will either not allow them to receive any compensation or will seriously decrease the amount of compensation they can get from the property owner.
If you have been the victim of a slip and fall accident, it’s important that you exercise your legal rights. Only an experienced and qualified personal injury attorney in your state will be able to provide the type of defense you deserve. Make sure to get a quote immediately by consulting with a personal injury attorney and seeing what can be done to remedy your situation. Contacting a personal injury attorney and obtaining your first consultation is the first step towards protecting your freedom and your future.
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