What are some Issues to Consider in a Slip and Fall Injury Case?
Brad Pistotnik Law knows that one of the most common types of accidents that results in a personal injury is a slip and fall. These injuries generate a great deal of claims for insurance companies and litigation. If you have been injured in a slip and fall or trip and fall contact a personal injury attorney now for a free consultation at 1-800-241-BRAD. Here are some things that need to be considered after you have a slip and fall.
The Location of the Fall
One of the most important questions that arise from a claim concerning a slip and fall is where the fall actually occurred. Many injury accidents happen at home, but it is when the individual is at a public or privately-owned business, compensation for injuries may be awarded to the injury victim. Determining the location of the fall can help determine the potential defendants to an action. If a defendant’s negligence was the cause of the fall, the victim may be entitled to compensation for the injuries that he or she has suffered.
Under premises liability theories, property owners may be held liable for injuries that occur on their property, such as slips and falls. Though liability may apply to slips and falls, it may be proven in cases of negligence through security, malfunctioning of elevators or even contaminated food. The issue of liability occurs when the individual is harmed from these types of circumstances.
For private property locations, a claim may be filed against the owner if an unnatural buildup of snow or ice causes a slip and fall. If a person is injured on private property while a guest in the home, liability may lie when the property owner failed to notify the guest of a known danger that the guest was not aware of. Premises liability comes into play again with owners or managers who are required to ensure the proper safety of the area and safeguard the building from hazardous conditions. When they are unable to do so, a claim can result in liability and the need to compensate the victim.
When damage is sustained, it is possible to file a claim against more than one person. These issues arise when special conditions occur. For example, if an employee is injured while on an onsite project, he or she may be eligible to receive workers’ compensation benefits. However, he or she may also be able to file a separate civil claim against the building owner if he or she was responsible for the building’s upkeep.
When an owner or manager has been negligent in some way, it is the victim’s burden to prove. Many times, proper documentation of conditions at the building are essential to build the claim. Photos and descriptive details are needed to prove what caused the injury. Weather substantiation may be necessary to show an accumulation of snow or ice on structures and stairs. If negligence is not proven, the case may fail with no compensation obtained. For multiple claims in a case, it is still possible to obtain compensation through the other sectors if one claim fails.
Statutes of Limitations
Time limits with cases are very important to pay attention to for premises liability and slip and fall types of accidents. The time limitations may differ according to the situation and factors of the injury accident. The time limit by which a claim needs to be filed is called the statute of limitation. There may be a different statute of limitation for accidents depending on the circumstances, such as filing a claim when injured on private property versus being injured while falling at a business. Once the time limit has expired, the claim is barred. Many times, it is vital to obtain a lawyer to ensure documents are in order and cases are filed during the time necessary.
Contact a Lawyer
When premises liability occurs with a slip or fall, it is best to contact an attorney to assist with the complicated legal matters that are particularly reliant on the specific facts of the accident. A personal injury lawyer can help gather and establish evidence to demonstrate how the injuries occurred in order to build a claim for you.