Slipping and falling is not as painless as it used to be when we were younger. Nowadays, injuries can easily result from slipping and falling, but how often do law suits occur from a simply slipping and falling? Let’s dive into to that today.
The first thing to remember, is that you must slip and fall on someone else’s property to begin a lawsuit. However, by no means does that guarantee a lawsuit for the person on the property by simply falling on another’s property. The owner of the property must make sure that the premise is maintained and must address any issues that could cause harm or injury within reasonable means. These property owners have a duty to keep up the property to safe conditions, and without providing the defendants owed duty to the property, the plaintiff cannot win the case.
Next, the defendant knew or should have known the condition of the property could cause harm to the plaintiff. This part of the case is called a notice. Many businesses need to abide by industry standards when providing a safe environment for the public. Such as in a grocery store, if there is a spill in an aisle, the owner should have routine checks to make sure that the store is free of spilled items. If the owner fails to make routine checks or make standard updates that is common within the industry.
Also, the property has to be considered a dangerous condition when the plaintiff slips and falls. The plaintiff has to prove that the defendant knew that there was a dangerous environment at the property, and did nothing to fix the situation. This would create a hazardous area where the public would come to the property and possibly injure themselves.
Lastly, in the case that a person does slip and fall on someone’s property, that person must incur an injury. There must be damages done to the person for there to be any case whatsoever. There must be proof that the injury occurred on the property as well. So if you ever find yourself falling on another property, and incur injuries, be sure to document all of your injuries during and after the incident. Take all of the right precautions when recovering from a fall, no need to act tough, seek attention immediately and document the whole process.
If you find yourself injured after a slip and fall, don’t go in alone, contact the Law Offices of Nicholas J. Del Pizzo today and he will resolve your personal injury needs!