Slip and fall accidents usually happen when someone loses their balance and falls. Sometimes, they can occur due to a person’s medical condition, such as vertigo, dizziness, or other balance issues. However, when a slip and fall accident happens because of unsafe conditions on another individual’s property, the property owner may be liable for any injuries. These accidents typically fall under premises liability, where a property owner or person in charge of maintaining the property is responsible for accidents on the property caused by negligence.
Premise liability law is not based on strict liability; not every injury on someone else’s property leads to compensation. For a valid premise liability claim, the property must have had a dangerous condition that the owner either knew about or should have known about. To be liable, the property owner must have failed to remedy the condition or provide adequate warning about it to most – but not all – people on the property.
To determine whether you may have a claim, consult a Mandeville slip and fall lawyer at Smiley Injury Law. A personal injury attorney could help you explore your legal options and work to secure maximum compensation.
Negligence is a key factor in slip and fall cases. A property owner must fail to maintain the premises to a reasonable safety standard. In some cases, someone else may be responsible for the property, making them liable for any accidents. Failing to meet the safety standard means knowing about – or being reasonably expected to know about – a hazardous condition and having sufficient time to fix it, secure the area, or at least warn people of the danger. If the property owner (or their agents) neglect to do so, they may be liable for resulting injuries.
However, to be negligent, the property owner must owe a duty of care to the person on the property. Property owners generally only owe a duty of care to people legally on the property. They may owe a greater duty to people on the property for the property owner’s benefit rather than their own purposes. Property owners do not have a significant duty to people illegally on the property – also known as trespassers – though they cannot set traps for them.
It is not enough that a hazard existed; the hazard must have directly contributed to the accident. It also does not have to be the only cause. For example, a person’s poor eyesight could have made it more difficult for them to notice the hazard. As long as the hazard substantially caused the injury, the injured individual may still be eligible for damages.
A slip and fall attorney in Mandeville could help determine if the property owner was responsible for the accident and guide someone through the claim process.
After a slip and fall accident, the first step is to check for injuries and seek medical care. While many people fall daily without sustaining severe injuries, falls are one of the leading causes of traumatic brain injuries (TBIs). They can also lead to other injuries, such as:
Seeking prompt medical care may also help link injuries to the accident.
Another critical step is to document the accident. Individuals should take photos of the area and the hazard, noting the time, location, and conditions. If a person is unable to do this, they should ask someone else to take the photos for them. It is important to document injuries on the day of the accident and the following days.
A Mandeville injury lawyer could help people navigate the aftermath of their slip and fall accident and gather compelling evidence to support their claim.
Navigating the aftermath of a slip and fall accident can be stressful. Recovery may result in expensive medical bills, keeping you away from work and leading to financial strain. Many people may feel anxious about the claims process, especially if the injury occurred at a friend or family member’s home. However, you may need compensation to fully recover from your injury.
A Mandeville slip and fall lawyer at Smiley Injury Law could manage the legal process for you. From investigating fault to gathering evidence, they could effectively handle your claim or case, allowing you to focus on recovery. Schedule a consultation to learn more about your options.
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