Premises Liability: Slip and Fall Cases
If you or someone you know has been injured or killed after a slip and fall on someone else's property, you might have a premises liability claim. Not ever injury that takes place at a business or premises under the management of someone else results in a claim, but if the owner owed you a legal duty to keep you from harm and breached that duty, you have case.
Slip and fall cases came under some scrutiny a few years ago because of a few individuals who tried to make money off false claims. But that doesn't mean that every slip and fall claims is false. We know that, and if you've been injured after slipping on something like a puddle in a store, we know how to put you in the best position to be successful with your claim.
Proving Up Damages
As with any personal injury claim, the plaintiff has the burden of proving that the defendant is liable for the claim. In this case, the plaintiff must prove that the owner had knowledge of the dangerous situation or should have known about it, and is therefore responsible for your injuries. In other words, they knew there was a puddle in the floor and didn't make you aware of it, or it had been there long enough that they should've know it was there.
In slip and fall cases, the plaintiff can prove that the owner have knowledge of the dangerous situation in one of three ways:
- with evidence the possessor put the foreign substance on the floor
- with evidence the possessor knew the substance was on the floor and negligently failed to remove it
- with evidence the substance was on the floor so long that, in the exercise or ordinary care, it should have been discovered and removed
Proving up damages is an integral part of your claim. An experienced attorney will know how and what to compile in order to make sure you have the evidence you'll need in order to be successful with your premises liability claim.
Some Examples of Scenarios
Miriam is shopping for dog food in a pet store. Another patron's poodle has made a mess on the floor at the end of the aisle, and the store hasn't cleaned it up yet or put a folding sign beside it to make patrons aware of the mess. Miriam rounds the corner with her cart, slip, falls, and injures her wrist in the process. Miriam has a premises liability claim because of the negligence of the pet store.
Robin Hood breaks into a home in order to steal from the occupants. As he's moving about the premises, he doesn't see the water on the kitchen floor from where someone had been cleaning earlier. Robin slips and injures himself on the edge of the kitchen island. Robin Hood does not have premises liability claim because he is a trespasser in this example.
What to do Now
If you'd like to talk with someone regarding your claim, we're happy to help. We have 25 years of experience handling premises liability claims, and we've won thousands of cases. We know this area of the law almost better than anyone. Even if you're not sure you want to hire an attorney, we'll be more than happy to answer whatever questions you might have about premises liability and your claim. We have attorneys ready to speak with you 24/7. Give us a call at (855) 326-000 whenever is convenient for you.