Your Legal Rights in a Slip and Fall Case

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    People fall all the time, but when you fall and suffer a serious head injury, you face a range of complications that most falls do not create. Sometimes, you may have the legal right to seek compensation from an at-fault party, but many victims in slip-and-fall accidents do not know about this right. Here is a closer look at those times when someone else may be at fault for a fall, and how you can get compensation to deal with your injuries.

    Negligence and Slip-and-Fall Cases

    An owner has a legal obligation to keep a property in a safe condition so that those who use the property are not easily tripped. If you fall because a property owner failed to do this, then the property owner may be liable for your injuries due to negligence. Some examples of unsafe conditions on a property that could lead to a fall include:

    • Ice or snow that is not properly removed
    • Steps or ledges that are not properly marked
    • Damaged sidewalks or parking areas with potholes
    • Debris left lying around
    • Unmarked, wet, slippery floors.
    • Products left out in walkways

    These obligations apply not only to commercial properties, but also to residential properties. For instance, after a big snow or ice storm, a homeowner has an obligation to remove the snow and ice from public sidewalks on the property within a reasonable time frame. If they refuse to do so, and you are injured because of a fall, you may be able to get compensation.

    Also, these liabilities are only in place if the property owner is aware of the condition. For example, if a child spills a drink in a grocery store aisle, creating slippery conditions, the property's owner may not be able to instantly address the problem. This is where the help of a lawyer can be beneficial. An attorney can investigate the details surrounding the injury to determine if the property owner was, in fact, negligent. If so, there may be legal recourse an attorney could pursue on behalf of their client.

    Keep in mind that property owners have a legal obligation to make their properties reasonably safe. In some situations, they do not have to remove all potential obstacles. That is why consulting with a brain injury attorney with experience in premises liability cases is helpful.

    Intentional Actions Causing and Slip-and-Fall Cases

    Sometimes negligence is not the cause for your fall. Instead, it may be intentional actions on the part of a property owner or an employee that lead to the fall. While this does not mean the person intentionally caused the fault, another intentional action may be a contributing factor.

    For example, if an employee is stocking shelves in a grocery store and leaves several boxes in the aisle unattended for a long period of time, and that causes you to fall, the store may be liable for your injuries.

    Understanding Your Role in the Process

    With this information, it may seem as though you can hold a property owner liable for any head injury that happens in a fall, but you also have the responsibility to use caution. Insurance providers or the property owner's attorney may argue that the victim is partially responsible for the injuries. Some examples where this might be the case include:

    • If the victim was distracted, such as by talking on the phone, and failed to notice the hazard.
    • If the victim was in the property without the legal right to be there.
    • If the property owner posted warning signs that the victim failed to consider.

    Without the help of an attorney on your side, you could easily lose some or all the compensation you are due if the other parties make this claim. If you have suffered a head or brain injury in a fall, make sure you discuss your case with a brain injury attorney before making any decisions about it. You might have opportunity to receive compensation for your injury.