Defining Premises Liability

Each year, thousands of people get injured because of slip or trip incidents. While in some cases the property owner gets to stay out of the liability claims, the property owner is often responsible for accidents like this.

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Causes of Slip and Fall Injuries outdoor

The term “slip & fall” is used in personal injury cases, where individual slips or trips on someone else’s property and incurs injuries. Categorized under the “premises liability” claims, the property owner will be legally responsible when an injury is present, no matter how minor. Slips, falls, and injuries are more likely to happen in hazardous conditions, like:

  • Changes in flooring, torn carpeting, poor lighting, wet floor, and narrow stairs
  • Cracked or broken public sidewalks and wet stairs.
  • Outdoor conditions like rain, snow, ice, or potholes in the ground.
Man Fall Down
Woman Slip

Slip & Fall Is Not Your Fault

How to determine premises liability?

To make a property owner be made legally responsible for injuries from slipping, tripping, and falling, any one of the below circumstances should be true:

  • The premises’ employee or owner should be the one who caused the torn spot, spill, or other dangerous surfaces to be underfoot.
  • The premises’ employee or owner must have prior knowledge of the dangerous condition but did not respond to the need.
  • The premises’ employee or owner knew about the dangerous surface from the person maintaining the property and should have known that it will be a tragedy. Liability in a case as this is decided through judgment or common sense. Both the juries and judges determine whether the steps that the occupier or owner of the property took were reasonably safe.

Hire an expert personal injury attorney

The best action that an injured person should do is hire a personal injury attorney, who has extensive experience in premises liability. There are cases where the owner is liable, while in some other, the owner is judged as not at fault. Working with an expert attorney, therefore, is necessary. A legal professional has all the knowledge and skills to examine the case from the injured person’s perspective. He will make it easier for both parties to see if a case is probable and how much claim is possible.

Further, proving liability is extremely difficult; making it virtually impossible for a non-legal practitioner to do on his own. Several different factors are considered, for the safety of all- the victim and the owner. The law avoids cases were lawsuits are filed against property owners, but the victim is the one at fault. In the same way, the law also wants to practice fair play for owners who avoid responsibilities even when they are proven liable.

Slip & fall cases should only be handled by a premise liability attorney because he fully understands the ins and outs of the case. He will also be the biggest instrument in determining whether you deserve a claim for the injuries or not and basically establish how much it is that you deserve.

Accidents really happen, and there are times when it is the fault of no one. However, those injuries that should not have occurred, if not for other people’s negligence, should be given attention. You need to hire an excellent attorney to make sure that the line separating these two distinctions are judged fairly.

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