A slip and fall injury can take place anywhere, be it at a shopping mall, an office building, a restaurant, a sidewalk, or even at someone’s home. Such accidents usually happen when you face a dangerous condition, such as uneven steps, poor lighting, slippery floor, or blockages, that are a result of either negligent or intentional acts of another person. When there are several causes and factors contributing to slip and fall injuries, it can be difficult for you to determine whether you have a valid personal injury case against the owner of the premises to get compensation for your injuries.
How to Know if you have a Valid Claim
Everyone has fallen down or tripped over something at least once in their lifetime. Sometimes, you just dust off your clothes and continue with your work, while other times you suffer from severe injuries such as broken bones, strained muscles, and others. Here are some factors that can help you determine whether you should make a personal injury claim:
The severity of the injuries is a critical factor that helps in determining the feasibility of a valid slip and fall injury claim. It allows you to evaluate the amount of damages you would seek as a compensation for your injuries from the liable party. While it is essential to sustain an injury to make a claim, sometimes the injuries do not surface immediately after an incident, as it can take a few hours or even days after the date you were injured.
Another thing you need to establish is that an unsafe condition resulted in the slip and fall accident. It may not be enough to stumble or slip on someone else’s property and make a claim. Some examples of unsafe conditions include:
- Uneven steps on stairways
- Wet and slippery floors without any warning signs
- Accumulation of ice and snow
- A damaged sidewalk or pathways
- Uneven carpet or tile
Awareness of the Property Owner
It is important to know if the property owner was aware of the unsafe condition, but did not take measures to remedy it. This indicates that despite knowing about the problem, the owner allowed it to persist. For example, if a bottle of water is dropped by someone in the aisle in a convenience store and a person immediately steps on the spilled water, causing them to fall, then the owner cannot be held liable for it. However, if the spilled water was left there for hours and no one cleaned it, you can make a claim that the hazard was known and the owner did not take any steps to clear the issue.
If a property owner knows about the hazard but is unable to remedy the problem immediately, they are required to post a warning sign notify people. The most common example of this would be wet floors. If someone slips and falls when there was a warning sign posted, they cannot make a claim and vice versa.
Slip and fall injury cases can sometimes be confusing and complex to prove. That is why it is recommended to have an experienced personal injury attorney to review your case before making a claim. Contact Fisk & Monteleone LTD. today at 815-209-9030 to schedule a free case consultation with one of our reliable and knowledgeable personal injury lawyers.