What to Know About Slip and Fall Cases

According to the Centers for Disease Control and Prevention (CDC), millions of U.S.citizens suffer a slip and fall injury every year, and several thousands of those injured will lose their lives. The CDC also reports that slip and fall injuries also account for 15 percent of all job-related injuries in the country.

According to the Occupational Safety and Health Administration (OSHA), slip and fall incidents are the second leading cause of injuries and deaths in the U.S. after car accidents. The data reported by the CDC and OSHA quickly dispel the false notion that many people have regarding slip and fall lawsuits being frivolous and filed by greedy individuals who want to make a quick buck. Slip and fall injuries caused by carelessness and neglect of others can not only severely harm a person but can disable him or her for life or result in death.

Thus, an injury claim based on a fall that occurs on someone else’s property and is caused by that property owner’s negligence or carelessness often requires the assistance of a Slip And Fall Lawyer San Antonio. Studies show that millions of people are injured every year because of hidden hazards on a property or because of dangerous conditions that the property owner failed to fix.

Among such dangerous conditions that can lead to valid slip and fall claims are:

Defective flooring
Poor lighting
Ice or snow on sidewalks
Improperly secured floor mats
Clear or black ice
Standing water or puddles
Hidden drop-offs or potholes
Unsafe stairways or steps

Understanding slip and fall cases in detail

Slip and fall cases fall under a broader category of law known as premises liability. Under this area of the law, businesses and property owners have a duty to provide a safe environment for lawful guests and visitors. If they fail to do so and someone is injured as a result, they can be held liable for the injured person’s medical expenses, pain and suffering, lost wages, and other damages.

You will have to prove that the property owner knew or should have known about the hazard and that he had a reasonable amount of time to fix the problem but failed to do so after discovering it.

To increase the chances of filing a successful claim for compensation, the victim should have a documented injury. The damage does not have to be serious to file a claim to win a judgment, but there must be some showing of compensable damages to be successful in a lawsuit. If your injury is not serious, you can still file a claim and consult a personal injury lawyer to assess your damages accurately.

Next, to prove a claim, the victim must show that the property’s dangerous condition was responsible for the fall and the resulting injury. For example, a store owner may have failed to remove snow from the sidewalk on his property, but to establish that the owner was at fault, it must be shown that the slippery sidewalk caused the fall.

Additionally, to prove a property owner’s negligence for a slip and fall, you will need to show:

That the property owner knew or should have known about the dangerous condition
That the property owner had the chance to fix the problem that caused the fall or at least provide adequate warning of the problem to lawful guests, licensees, and invitees.
That the hazardous or defective condition was the actual and proximate cause of the injury.

You should also know that a property owner can escape responsibility by asserting an “open and obvious” defense. This defense is based on whether the hazard’s existence was openly visible and seen by the victim before the fall. For example, the law may not require a property owner to remove snow that visibly accumulates outside of the property due to the weather, but if there is black ice or the sidewalk is not noticeably slippery, the owner may be responsible for clearing it.

Another critical issue in slip and fall cases is whether the victim was “invited” by the property owner to enter the premises. The owner must inspect his business site for defects periodically to identify and eliminate any risks to customers. He is expected to take prompt action to eliminate hazards or post adequate warnings about the existence of the danger or problem.
The failure to do so can also be considered negligence. The doctrine of “comparative negligence” often applies in slip and fall cases, and that generates another set of issues that a San Antonio personal injury lawyer can explain to you. Comparative negligence looks at whether the victim had a legitimate reason to be at the place where the hazard existed, if the hazard could be avoided by being careful, and if any warnings existed. If the victim proceeded despite adequate warnings, they may share some of the responsibility for their injury and that could impact the amount of compensation they may recover. Contact an attorney today for a full case review.