The average individual takes approximately 4,000 steps per day. Unfortunately, it only takes one step to seriously alter or even end a person’s life. Property owners have a legal obligation to provide a reasonably safe environment for anyone who lawfully enters their property or premises. Legally, this obligation is referred to as a duty of care. Failure to keep the property reasonably safe is considered a breach of the owner’s duty of care, which makes them liable for any injuries that result from the unsafe conditions on their property.
Often, the injured individual winds up paying the bill for the lapse in attention that caused the injuries. Where the accident occurred and whether someone’s negligence led to the unsafe conditions that caused the fall are the determining factors for slip and fall liability. If you’ve been injured in a slip and fall accident and think you may have a case, your best strategy is to consult an expert slip and fall lawyer as soon as possible.
Do I Have a Slip and Fall Case? Ask These Five Questions
If you’ve slipped and fallen as a result of another person’s negligence, it’s vital that you not let the careless property owner off the hook. Every personal injury case of this nature is unique and involves specific case factors that come into play, but you can get a pretty good idea of how strong your case is by asking these five questions:
Was Someone Else at Fault for Your Injuries?
In order to file a personal injury suit against another party and seek economic and non-economic damages, you must be able to prove that your injury and losses would not have occurred if for the actions of another party. This means that if your own negligence caused your accident, you probably don’t have a case.
Could the Accident Have Been Prevented?
It’s important to ask yourself if there is anything that could have been done to prevent the accident from happening. You must consider all factors, such as the circumstances that caused the slip and fall, whether someone had a responsibility to fix those circumstances, and whether negligence was involved.
For example, if you’re in a grocery store and another customer knocks over a jar of liquid onto the floor that causes you to slip and fall, there are variables you must consider in order to have a viable personal injury case. If you slipped on the liquid immediately after it spilled, it would be hard to prove that the business was responsible due to a lack of time to clean up the mess and prevent the spill. If the spill was left there for a long time and not cleaned up, that would be negligence on the part of the business and could be grounds for a personal injury lawsuit.
Did Anyone See You Fall?
If passersby are in the immediate area, find out if one or more of them witnessed your fall. Unbiased witnesses rarely volunteer, so ask outright if anyone in the immediate vicinity saw what happened. If anyone saw any portion of the incident, ask for their names and contact information.
Was the Area Closed to Customers, and Was There a Warning Posted?
Not all structural defects and unsafe conditions can be fixed or barricaded within a short time period, even if a property owner immediately notices the problem. A property owner should do everything in their power to notify and protect those on the property, including barricading the hazardous area. If they cannot do so in a timely fashion, they should put up signs or caution tape. If they do so and someone still gets injured, that owner is less likely to be at fault.
Were You Showing Ordinary Care?
Ordinary care is the term used to describe the attention that a reasonable person would exercise under the circumstances with which they are presented. In the case of a slip and fall injury, both parties are responsible for showing ordinary care to keep themselves and those on their property safe.
Contact an Experienced Slip and Fall Injury Lawyer in Montgomery County
Slip and fall accidents can result in painful injuries, often requiring missed time from work and preventing the injured person from performing everyday tasks. At Rubin, Glickman, Steinberg & Gifford, P.C., we understand how frustrating and discomforting an injury like this can be, which is why we’re dedicated to making this process as easy as possible for you.
After meeting with you one-on-one to discuss your case and any potential obstacles during a free consultation, we’ll outline the facts and circumstances surrounding any impending legal action and help you determine the most strategic method to compensate you for any lost wages, medical bills, property damage, and psychological trauma associated with the fall.
For nearly 68 years, our attorneys have been serving the legal needs of clients in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas. We’ve earned the trust and respect of clients facing a wide range of personal injury problems. Our attorneys serve to protect you and guard your rights. Give us a call at (215) 822-7575 or complete our online contact form today.