Slip and Fall Accidents: Do You Have a Case?

By Alex Yoesting No comments

Imagine you’re at a grocery store or a restaurant. You’re walking along and don’t notice a small puddle of water on the floor. You step on it and your feet come out from under you and fall hard on your back.

You’re in tremendous pain. You back is throbbing and you’re having trouble moving. It turns out you’ve slipped a disc or other injury that requires surgery.

The medical bills mount up and you’re wondering if you have a civil case for your slip and fall. You deserve justice, so we’ll discuss your potential for a slip and fall lawsuit.

Slip and Fall from Someone’s Negligence

The key factor for someone trying for a slip and fall lawsuit is if the main party was negligent in their duties. If they had the ability to identify and rectify the problem before the accident and did not, then they were negligent in their actions.

The other issue would be if the main party caused the situation that led to the injury. For example, if a waiter dropped a glass of water on the floor and did not clean it up, then the restaurant might be negligent because the waiter had the opportunity to fix the issue, but did not.

Also, if a pipe leaked for several days and the owners did nothing about it, despite seeing it and knowing it was there, then they may be negligent if someone was injured because of it. A consultation with a personal injury lawyer can help you determine if there is a case for negligence.

Is the Party Liable for the Fall?

In order for someone to be sued for a slip and fall accident, they must be liable for the damages. For example, if the restaurant owner knew the puddle was there and someone fell, they could be liable for damages because it happened on their property.

Many businesses have insurance that causes the insurance company to be liable and not the owners. In this case, the plaintiff would have to sue the insurance company for damages. Keep in mind that an insurance company likely had far more resources than the business owner.

Are You at Fault for the Fall?

When it comes to fall cases, one party could be solely responsible or both parties may have some responsibility for the fall. If you walked down the hall and slipped on water because of bad lighting, then the owner is likely at fault.

If you saw the water on the floor and purposely slid through it, then the fault likes on your shoulders. If you walk down a well-lit hallway but were distracted because of your cell phone or a conversation, then it can be argued both you and the owner were at fault. Fault could also mean you disregarded safety signs or were in an area you weren’t authorized to be in.

Depending on state laws, any possibility of fault on your part could negate payment or reduce it based on how much you were at fault.

It’s a Complex Situation

Regardless of how the fall happened, you deserve the right to justice for any harm that befell you. A slip and fall can lead to serious problems that could alter the course of your life.

If you want to learn more about slip and fall lawsuits, then please explore our site.