Slip and fall is an injury that occurs on someone else’s property and for which they are responsible. It is a common occurrence, but in order to have a case for it, you must prove that the property owners were negligent. As this is a very sensitive scenario, many victims are left wondering where to go with such a case and how much it would be worth. The following are some things to know about who is liable in a slip and fall case and what might affect your compensation.
Who is the liable party?
Property owners are liable for injuries that occur on their property if that injury is caused by their negligence and not by an individual’s carelessness. Slip and fall cases generally fall under the broader category of cases known as “premises liability” claims and can apply to both residential properties and commercial properties. The liable party may be the property owner or manager, landlords, maintenance companies, or government agencies that oversee the premises.
Is there negligence?
In order to have a slip and fall case, there must be evidence that the liable party did something negligent to cause the slip and fall injury. It could be that the property owner created a hazard on their property or that they knew about a hazard on their property that they did not fix in a reasonable amount of time. In either case, the condition must create an unreasonable risk of harm to individuals on the property. Dangerous conditions resulting in slip and fall injuries may occur inside or outside the property.
Is the liable party responsible?
A slip and fall case must also prove that the property owner is responsible for the injury and that it is not due to the individual’s carelessness. The injury must be due to a circumstance where an individual would have been unaware of the dangerous condition. In other words, individuals are expected to be aware of and avoid dangerous situations. In some instances, if you are partly to blame for your slip and fall, even if there is some responsibility on the part of the property owner, the compensation you will receive from your case will be lowered accordingly.
How serious is your injury?
Injuries resulting from slip and falls can vary. They can be relatively minor and be quickly and fully recovered from or they can cause permanent disability. Depending on the severity of your injury will impact your slip and fall case and the amount of compensation you receive. Generally, the more serious and permanent your injury is, the more compensation you are entitled to.
What will impact your compensation?
How much you can be compensated for your slip and fall case can vary based on several factors. The amount of medical bills will be considered, as will lost income due to not being able to work. Also, disability, physical pain and emotional stress will factor into your compensation.
Slip and fall is not uncommon, but there must be a liable party who was negligent and responsible in order for there to be a case. If there is a case, there are several factors that will affect the amount of compensation one will receive. If you have been injured in such an accident, it is likely a good idea to secure legal representation in order to help ensure the best possible outcome.