Slip and fall cases are common and they usually happen in places like malls, grocery stores, bars, nightclubs, gas stations, supermarkets, and the like. If you are injured at someone’s property and you can prove negligence, you are likely to get compensation. To win your case, you need to prove the property owner’s liability for carelessness or an unsafe condition. There are also other things that you should take into account when you file a claim. Read on to learn what you should know about slip and fall cases.
Report the Incident
When you are hurt at someone’s premises, you should notify the owner or any other responsible person around. Some people may feel embarrassed when they slip and fall that they just get up and leave the place. However, slip and fall injuries may not be immediately apparent since they can manifest later. By the time the injury becomes serious, it might be too late to go back to the property owner to report your slip and fall accident.
Before you leave the place, make sure you notify any responsible person around about the incident. If possible you can take pictures of the location of the accident and write all details about what transpired. If there are witnesses, you can also record their statements which you can use to support your claim at a later stage.
Get Medication
When you are injured after a slip and fall accident, you must seek medical attention even if you do not feel any pain. Your doctor will examine your injuries and write a medical report that can be used to determine your claim. When you do not have this critical document, your slip and fall claim can be a futile exercise since the property owner can easily dispute it.
Consult a Lawyer
When you are a victim of a slip and fall accident, it is crucial to hire a personal injury lawyer to handle your claim since it involves many legal processes. Many slips and fall lawyers in Montgomery are willing to take your case. When you hire a Montgomery personal injury lawyer, they will conduct a thorough investigation about the incident to help you recover fair compensation. Experienced injury lawyers know how to deal with insurance companies, and they have the right negotiating skills to increase your chances of winning the case.
Prove Fault
Proving fault or liability in a slip and fall case can be challenging since it can involve many things. You cannot get compensation simply because of falling on someone’s property. You should prove that the property owner’s negligence has caused your injury when you fall. The injured person should prove that the building owner or an employee should have noticed a hazardous condition but failed to take corrective action.
The victim must prove that the landlord or the employee failed to act reasonably to hold the defendants liable for negligence and damages in a slip and fall accident. The plaintiff should consider the following factors to prove a case:
- The hazardous obstacle has been in existence for a long time
- What is the justification for the potential hazard?
- Does the property owner conduct routine inspection of the premise?
- What was the condition of lighting when the accident happened?
However, the challenge with slip and fall cases is that the property owner or their insurer can offer a counter-argument citing that the plaintiff is responsible for the accident. Under the legal concept that is known as the “comparative concept,” the plaintiff may not recover full damages if they are partly to blame for the accident that caused their injuries. For instance, if the plaintiff was texting on the phone when the incident happened, they might not get full compensation. If there are adequate warning signs around the building, winning the claim may not be easy.
Statute of Limitations
If you want to file a slip and fall claim, you must not delay doing so since these claims come with deadlines. If the statute of limitation expires before you file a claim, you may lose your legal right to get compensation for your injuries. You need to consult your attorney to make an informed decision.
Slip and fall accidents are common in business premises and other properties. If you are hurt as a result of the property owner’s negligence, you can file a compensation claim to recover damages. This type of case falls under premise liability, and you can file a claim to get benefits. However, there are different things that you should know if you want to increase your chances of getting maximum compensation. You must prove liability, and you can do this by collecting evidence at the accident scene.