Some people are under the misconception that the property or business owner must compensate them if they injured themselves in a slip and fall accident. However, this is not necessarily true. The owner’s negligence must have caused the fall. Here, we share four questions that need to be answered when determining if your claim is valid.
Question #1: Did You Fall Because of an Unsafe Condition?
You must prove that an unsafe condition on the property caused your slip and fall. The property owner must also have created this unsafe condition or allowed it to exist on the property. Examples of dangerous conditions include:
- Ice and snow on parking lots and sidewalks
- Spills of food and liquids
- Torn or worn carpeting
- Broken handrails
- Potholes and asphalt cracks
- Insufficient lighting
Question #2: Did the Owner Have Notice of the Defect?
You not only must show that a dangerous condition existed on the property, but also that the owner knew or should have reasonably known about it and failed to take corrective measures. This can be one of the most challenging things to prove when filing a slip and fall case. Retaining an experienced premises liability attorney is essential because he will know the types of evidence to collect to establish this.
Question #3: Did the Property Owner Post Warnings?
If an owner knows of an unsafe condition but is unable to correct it immediately, he has a duty to post signs or block off the area to warn guests. When this is not done, he can be found negligent—and responsible for compensating you for your injuries if this caused your fall.
Question #4: Did You Exercise Reasonable Care?
You also have a duty to minimize the risk that you will have a slip and fall accident. This includes being conscious of your surroundings and obvious dangers and not to enter areas where there are warning signs posted.
While it is good to consider the answers to these questions when deciding whether you have a valid claim, it is best to discuss your accident with a skilled premises liability attorney who can properly evaluate the strengths and weaknesses of your case. Take advantage of our offer of a free initial consultation to learn about your legal options and how we will aggressively fight for the compensation that you deserve. Fill out our convenient online form to schedule your appointment today.