Slip and Fall Accidents: When do I collect?
Personal injuries occur very often and can range from a wide array of different types. Personal injury law allows victims of accidents to get compensation for their damages when the reason behind the accident is another person’s negligence or intent. Some personal injury cases include car accidents, medical malpractices, defamation, and this article’s focus, slip and fall accidents.
‘Slip and Fall” accidents fall under the ‘premises liability’ claims domain and refer to personal injuries sustained from tripping or slipping while on someone’s property. The majority of cases are from accidents in commercial premises, although slipping and falling have also taken landlords and the management of some government facilities to court.
Some of the injuries sustained from falls may be serious and require immediate medical attention. Common injuries sustained from falls include:
- Broken or twisted ankles, displaced hips
- Concussions or brain injury
- Wrist and elbow injuries
- Damage to the spinal cord
- Neck injuries
Examples of the conditions that may cause these accidents in commercial establishments to include:
- Wet floors
- Poor lighting
- Torn carpeting
- Broken tiles
- Changes in floor level
In the event that a fall occurs, the victim has to have sustained an injury to go to court, no matter the size of the damage. In most cases, it may be difficult to legally distinguish between a personal injury case and an accident that could not be prevented.
How does one prove liability in a slip and fall case?
There is no black and white method of determining who is responsible for a slip and fall case within the law. The decision is made based on whether the owner of the premises had acted to reduce the likelihood of the accident and whether the victim was merely careless and did not avoid the situation that caused the fall.
For the majority of the cases, the plaintiff in the case has to prove that the accident was caused by a ‘dangerous condition’ within the premises and that the owner of the premises had prior knowledge of the condition. The ‘dangerous condition’ has to pose a significant risk to the patrons of the premise. It should also be unanticipated by the victim of the accident. To keep things fair for the premise owners, dangerous conditions do not include apparent dangers that the victim could have avoided. To show that the owner of the premise knew of the hazardous condition beforehand, either of the following has to be proven:
- The owner created the condition
- The owner knew that the condition existed but did not correct it
- The condition has been present for some time during which the owner should have fixed it
Additionally, the victim of the slip and fall accident has to prove that the accident was not due to their fault, for example, texting while walking or being drunk.
Slip and Fall accidents in Commercial Premises
These are the most common in everyday practice. To prove that a commercial premise owner is responsible for a slip and fall accident, one must show either of the following:
- The property owner created the dangerous condition
- The property owner had time to correct the dangerous condition but did not do so
Residential property slip and fall cases
In the event that the slip or fall occurs in residential environments, the landlord may have to be liable for the injury. Some of the conditions that have to be proven to hold a landlord responsible include:
- The landlord had prior knowledge and control over the factor that caused the accident
- The landlord could have foreseen the injury and did nothing about it, or the landlord neglected reasonable steps to prevent the accident
- The condition that caused the slip and fall could be easily repaired
Government Property slip and fall accidents
Slip and fall accidents in government facilities are different from the rest and can be exceptionally complex to solve. This is because many provisions in the law protect the government from accepting liability for such accidents.
How can a Personal Injury Lawyer in Las Vegas Be Of Help?
Slip and fall injuries may take significant time to settle – sometimes months or even years. These cases can be costly too, the longer they drags on. It is essential to report all slip and fall incidents to the authorities as soon as possible to get the best chance of successfully getting compensated. As the recovery from the accident goes on, let the competent lawyers at Gina Corena & Associates deal with getting you paid for the damages. Whether in a commercial, residential, or government property, we’re here to help!
In case you’re injured in a slip and fall accident, call (702) 680-1111 or contact us online to discuss a possible claim for free today.