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Slip and Fall Settlements: Liability Involving Dangerous Property...
Slip and fall settlements are quite common. And why not? We walk
around outside and into buildings more often than we drive.
And when
we’re walking we encounter as many, if not more obstacles than when
we're in a car.
If you slip and fall and get injured, you've got to go through the same
process as if you were in a car accident. You need to prove liability,
which means you have to find negligence
and causation.
Unlike car
accidents though, the signs that someone was actually negligent aren't
as clear cut.
When driving a car there are rules
and laws for how you get around. This means your duty of care
is largely defined
by very specific vehicle codes.
There are very few laws on the books
that regulate how anyone has to walk. In fact, the only laws that
really exist for walking are to protect you from cars.
Therefore, liability in slip and fall settlement cases can be hard to
determine. It
almost always comes down to finding whether or not someone else was
acting reasonably.
The phrase 'Within
Reason' comes up in the law a
lot, often making personal injury cases very subjective, and slip and
fall injury lawyers rarely agree on what qualifies.
Common reasons for a slip and fall injury are slippery surfaces, unseen
objects and worn or torn floors or floor coverings. These all present
similar liability issues.
How long was
the surface in that condition?
If it’s
slippery due to spillage, who spilled?
If there's an
object
that was tripped over, how did it get there?
If you are
injured from a slip and fall incident on someone else’s property,
whether it be public, private or commercial, you need to ask yourself
these kinds of questions.
If you believe something other than bad luck is
at fault, then proceed as you would with any other kind of accident.
Examine the environment. Talk to witnesses. Ask questions and take
pictures.
Because liability in slip and fall settlements will most likely come
down to
whether or not the other party was acting reasonably, it's the
presentation of your argument that will make or break your case.
So
when you finally do approach the insurance company, stress any evidence
you know could sway a judge later on and make it clear
that you know
what you’re talking about.
Return from Slip and Fall Settlements to Lawsuit Settlements
Return from Slip and Fall Settlements to the Personal Injury Settlement Guide
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