Posted on behalf of Henness & Haight on Feb 18, 2015 in Slip & Fall News
When a person trips or slips and has an accident on someone else's property, and this accident results in injury, the "slip and fall" concept applies. These personal injury cases fall under the broader term of premises liability and carry their own concerns and complications. Here is an overview of how slip and fall cases work.
There are many reasons why a person might have a slip and fall accident. Some of these situations include the following: Torn or worn carpeting in a facility can catch a shoe. Icy conditions in the winter on a sidewalk can be slippery. Wet floors can present a hazard. Poor lighting can obscure vision. Narrow staircases can be very dangerous. Potholes can cause a turned ankle or even a fall resulting in broken bones. Whatever the situation that causes the accident, if injury results, you may be eligible to collect damages.
The trick to these sorts of cases is that you need to prove fault. This can be difficult as every case has its own details to go over. The plaintiff has to prove one of the following factors were in play: The property owner created the hazardous condition through act or negligence. The owner of the property failed to correct a pre-existing condition that he or she knew existed. The owner should by rights have known the condition existed as it had been present for a long time. This being the case, any "reasonable" person would have made the necessary repairs. In the case of residential property such as a rental, the landlord would have been able to repair the condition without unreasonable expense or difficulty. In the end, it must be shown that the property owner was negligent in his duty to exercise reasonable care in maintaining a safe condition for people on the premises.
If you seek to collect on an accident, it must be proven that another party was responsible for the fall. If your accident is discovered to have been caused by your own negligence, carelessness or clumsiness, you cannot collect damages.
Slip and fall accidents that occur on government property carry special rules. These involve notice requirements and immunity provisions. It can be more difficult to collect on an accident that occurs on federal, state or local government property. This is why it is always a good idea to consult an attorney whenever you suffer an accident-related injury.
When you sustain an injury from a fall, the first thing you should do is contact a qualified personal injury attorney. Only an attorney will be able to navigate the complexities of premises liability and defend your rights. You may be entitled to collect on medical bills, lost wages, rehabilitation services and more, but only if you sustain experienced and expert legal representation. If you are in the Las Vegas area and have suffered an accident-related injury, our attorneys are here to help. Call us today for a free consultation.