Making a Slip and Fall Case Work
Usually, the premise liability law, which states that an individual who owns a land or a property can be held responsible for the injuries suffered by any person who visited his or her premises, covers slip and fall injuries. However, the victims must prove that the property owner is very much aware of the hazardous condition of his or her premises and that condition indeed caused the injuries. More so, the plaintiff must establish that the owner did not exercise any acts to correct the dangerous condition or did not put up sufficient signs to warn the people of the possible risks in the area. Otherwise, a slip and fall claim case may not progress in courts.
There are countless number of hazardous conditions that could result to a slip and fall accident. Here are some of the most common examples:
A slippery flooring due to water or wet object or over application wax
Walkway cracks
Poor maintenance of stairways and hand rails
Holes on the streets, sidewalks, grass or walkways
Uneven floor surfaces
Food or any other object debris that are left on the floors
Furthermore, the law entitles the slip and fall victims to recover monetary damages from the liable parties. The amount that the plaintiff can acquire greatly depends on certain facts of a particular case. These include the place where the accident happened, the entire amount of defendant’s insurance coverage, the defendant’s resources, the seriousness of the injury and the strong merits of the claim. To add, the litigation skills of the personal injury lawyer who handles the case also has an effect on the amount of the recovery.
Generally, the state government determines the coverage of the damages. Nevertheless, most of the state laws affirmed that successful claims should be entitled of the following compensation:
cost of hospital and medical bills
lost wages due to the victims’ incapacity to further perform their jobs
emotional and mental pain and suffering
cost of the damaged things from the accident like watches, eyeglasses and clothing of the victims
other general damages and expenses that result from the accident
On the other hand, the defendants may set themselves free of any liability if they have successfully established these points:
The defects are very trivial to cause a serious injury to the plaintiff
The defects are too visible not to be seen by the plaintiff
they are not aware of the hazards since they do not have the direct supervision of the premises or the hazards have just recently occurred
These explain why the victims should hire the assistance of a qualified and competent slip and fall accident lawyer. A lawyer can utilize all the legal methods to defend his or her client’s rights. Thus, an experienced legal counsel can assure them that their cases will gain favor from the courts.
Tags: dangerous condition, fall injuries, floor surfaces, hazardous condition, hazardous conditions, incapacity, insurance coverage, liability law, medical bills, monetary damages, personal injury lawyer, poor maintenance, premise liability, slip and fall |
