“Slip and fall” is a term that is used to to describe personal injury cases in which a person trips and is injured on someone else’s property. An injury, even a minor injury, must be sustained to have a slip and fall case. These cases usually fall under the broader legal category of premises liability claims, because the accident occurred do to a defect or mismanagement of someone’s property.
Dangerous conditions like potholes, narrow stairs, poorly lit walkways, sidewalk cracks, and wet floors can lead to slip and fall accidents. Bad weather can contribute to dangerous outdoor walkways that become a hazard when the property owner fails to maintain or clear them of debris.
How to Prove Fault in a Slip and Fall Case
There is no certain way to prove fault in a slip and fall case. Factors that determine who is responsible include whether or not the property owner made effort to prevent slipping and tripping and whether or not the person who was injured was being careful or careless.
In most cases, the injured person will need to prove that the accident occurred because of a dangerous condition and that the property owner was aware of its presence. It must be a condition that the injured person should not have anticipated under normal circumstances, as it is expected for people to see and avoid obvious dangers.
Restaurants or businesses, landlords, and even government facilities can be held responsible for slip and fall accident injuries. The property owner is responsible for the dangerous condition if it can be proven that they created the condition, they knew the condition existed and was negligent by not correcting it, or the condition was present for such a length of time that it is reasonable to expect that the property owner should have known about it and corrected it.
Slip and fall injuries range from minor scrapes and bruises to serious spine and head injuries. Medical expenses related to slip and fall injuries can be astounding. Lost wages and emotional distress are also factors to consider when determining what amount of financial award and injured person should receive.
If you or someone you love has been injured as a result of a negligent property owner that allowed a dangerous condition to put innocent people at risk, a Biloxi slip and fall accident lawyer can help. Our experienced legal team can prove that the negligent property owner was responsible for your injuries. Your decision to take legal action can also help prevent future accidents on this property.
Corban Gunn, Attorney at Law believes that every Mississippi resident has the right to a safe residential, commercial, and work environment. Contact us today for a free, no-obligation consultation of your case.
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