SLIP AND FALL LAWYER: PREMISES LIABILITY
A Slip and Fall Lawyer practices in an area of law known as Premises Liability. It is negligence law that primarily focuses on the responsibility of the property owner, or his “Duty Of Care”. Personal Injury Lawyers bring claims for injuries suffered on the property of another due to carelessness.
ELEMENTS OF PREMISES LIABILITY:
A Slip and Fall Lawyer for premises liability must prove the following three elements to prevail:
**the property owner created the hazard;
**knew or should have known about the hazard;
**and failed in their responsibility to remove or repair.
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The burden of Proof – the injured party bringing the cause of action has the burden of proof to establish when the hazard first appeared and that the property owner should have known.
History of Condition – it is critical to investigate and find evidence to establish the history of the condition.
Preservation of Evidence – A personal Injury lawyer will be important in discovering and preserving evidence to establish the proof of the case.
Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. When someone is injured as a result of unsafe property or building conditions, they have a right to make a claim for their damages against the owner of the property.
Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure the environment is safe.
TYPES OF CASES:
Structural Defects – structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building.
Building Code Violations – A Negligence Lawyer can prove a case by violation of a statute. Building owners must ensure that the building’s structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.
Weather Accidents – Slips and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps.
ENTRANTS ON PROPERTY:
Invitees – there are two versions of invitees business visitor and one who enters as a result of a public invitation.
The Business Visitor – includes those entrants on the land that share some business purpose with the landowner. For example, an entrant that is a prospective customer in a store is a business invitee. All that is required is some prospective advantage to the landowner.
The duty a landowner owes to a business visitor is to ensure the premises are free of defects and safe for the public as a whole.
The landowner also has an absolute obligation to repair any dangerous conditions on the property and to warn any business visitors of hidden defects that have not been repaired.
TYPES OF MONEY DAMAGE CLAIMS:
A Slip and Fall Lawyer brings professional experience to calculate the full extent of monetary damages. A Compensation claim against another, however, is based upon two facets that insurance companies will use in evaluating your claim: the issue of liability and the calculation of damages.
Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment, and in certain cases, punitive damages.
A Slip and Fall Lawyer provides you with a Free Consultation. They accept no fee until they recover money for you. Their fee comes only from a successful case settlement. The client never pays an out-of-pocket expense or fee unless they win.