What is Slip & Fall Personal Injury?

When a person injures themselves due to a hazardous condition, it is considered a slip & fall accident. The accident can occur as a trip, a stump, a step or a slip. Any type of condition that can lead to a hazardous situation whereby a fall can occur can potentially lead to a slip & fall lawsuit. One of the main questions in a slip & fall lawsuit is whether the property owner knew about the hazardous condition. If it can be shown that, the property owner was likely to have known about the condition and did nothing about it, the injured person has the potential to win their claim.

All slip & fall accidents are all misfortunes where a person falls down. The means by which they fell can be one of four basic types of accident. First, a slip and fall is when the person slips on a surface and falls down, injuring themselves either on the way to the ground and/or by hitting the ground. Second, a stump and fall accident is when a person falls due to an issue with the walking surface, such as a barrier or obstruction. The next type is trip and fall where a person trips on an object in their path and then falls. The last type of accident is the step and fall where the person falls because of a hole or gap on the walking surface.

Your lawyer will attempt to show that the property owner should have known about the condition and did nothing to prevent it. A faulty step that is due to years of neglect can easily be shown as a hazardous condition that should have been handled. A temporary hazard can be more difficult to prove, as the property owner may not have had time to deal with the issue yet.

The property owner and their lawyer will try to prove that you are responsible for the accident. Comparative negligence is the legal term, which means you have some responsibility for the accident as well. They will attempt to show that you should have reasonably been able to assess the situation and thereby keep yourself from harm.

While the property owner should do their best to maintain safe conditions, the victim is also responsible for their own safety and many times a slip & fall lawsuit will involve assigning blame to both parties during the case. Questions will be asked of the victim to ascertain what they were doing at or right before the time of the accident and warning signs that you might have ignored. For example, if you were texting on your mobile phone while walking and didn't see the "Wet Floor" sign, you might be held totally responsible for your own injury.

Never talk to the insurance adjuster without your attorney present and be sure to maintain all records associated with the injury as you may be able to recover for not only medical bills, but also time from work, pain and suffering, and any potential issues that could arise in the future. Check with stern-lawfirm.com to see what else can be done to protect your interests if you have had a slip & fall accident.