Slip and Fall Lawyers Can Help You Determine if You Have a Case
Falling and sustaining an injury is not enough to have a legal case, which is why you need to discuss the entire situation with slip and fall lawyers. It can be difficult to prove that someone else's negligence was responsible for the fall. Since these cases are difficult to prove, having an attorney discuss what happened and gather evidence is critical for reaching a successful outcome.
Things to consider about the incident
To successfully sue someone after having a slip and fall accident, it is necessary for them to be at fault. This is where slip and fall lawyers are necessary to handle this difficult process. Just because the accident happened on someone's property, whether an individual homeowner or business, does not mean they are to blame. For a lawyer to establish and prove negligence, there are several factors must be present.
#1. They need to have been aware there was an issue and have the opportunity to respond
As an example, if a person slips and falls on a puddle in a store, did the store owner have adequate opportunity to know the puddle was there or should they have known due to weather conditions? If the spill had happened seconds before, they would have had no opportunity to be aware of it and respond accordingly.
On the other hand, if there are a major storm and water is being tracked into the store but the owner fails to put down mats, mop it up or put out warning signs, they would be aware of the issue. By not acting, the store owner may be considered negligent.
#2. The problem was not dealt with
If the owner, management or entity responsible for maintenance knew that there was an issue, had the opportunity to fix it, but failed to do so, they would be negligent. An example of this would be an apartment owner not fixing the handrail on stairs after it had become loose.
If someone was holding onto it for support and fell, the owner would be negligent. Likewise, if someone fell at a doctor's office because the carpet was torn, and had been for some time, the doctor could be negligent.
#3. Purposeful harm
There are other situations where an individual, business or organization has created a situation where someone is likely to be harmed, either intentionally or due to negligent choices or actions. In cases like this, they should be aware that it is likely for harm to occur. Anyone put in the situation who then has an accident could hire slip and fall lawyers to file a lawsuit.
However, not all negligent parties caused harm purposefully or intentionally but simply due to bad choices or not caring about the condition of the property.
Filing a lawsuit
If you are unsure if these factors existed with your accident, it is best to visit our office to speak with slip and fall lawyers. We can review what happened and ask questions to learn more about the circumstances surrounding the incident. With slip and fall cases, context is incredibly important and so is the history of how the property was either cared for or not. Call today to learn more.
Note: This is for information purposes only and does not constitute legal advice.