Slip and fall are a part of a personal injury case where an individual slips or trips, resulting in injury on another person’s property. These cases generally fall under the cases derived as premises liability claims. Slip and fall accidents occur on the premises owned or maintained by someone other than the injured, and the owner can be held liable for the injury.
There are many harmful incidents such as poor flooring, torn carpeting, narrow stairs, poor lighting, wet floor, etc. that can cause someone to trip and get injured. A personal injury case can be filed if you trip on the cracked sidewalks in public. You can also file the case if you slip or fall outside due to rain, snow, or conditions like potholes on the road. If you find yourself in a similar situation in Atlanta, then it is better to hire a slip and fall attorney Atlanta in order to get maximum reimbursement.
Justifying your Slip and Fall Cases
There is no particular way of proving someone else is legally responsible for your personal injury. Each case has its own nature and turns of events that determine who you can prove the fault. You will have to generate essential evidence that highlights that the owner of the property was careless and created a situation where people can get injured. You have to prove that the accident occurred in a dangerous condition, and the owner was aware of the same. A dangerous condition includes a risk of a person’s life on a particular property.
In order to justify that the owner of the proper was aware of the condition, it must signify –
· The condition was created by the owner
· The owner was well aware of the dangerous condition and neglected it
· The harmful condition existed for a prolonged time, and the owner was aware of it.
Factors that Determine a Slip and Fall Case
Following are the important factors that determine the settlement of a slip and fall case-
· Negligence-
Negligence includes disregard for people’s safety by failing to act as a responsible property owner. The dangerous situation can be created by the leaking ceiling, inadequate flooring, potholes, etc. Poor lighting, lack of company policy, unreasonable justification, etc. all come under negligence.
· Liability-
For you to prove that someone is liable for your personal injury, the party must hold a legal responsibility for the property.
· Cause of the Accident-
The property owner might argue that the accident was partially your fault that resulted in the injuries. If the court identified that you were also responsible for the slip and fall, then the amount of your compensation might be affected.
Slip and fall injury cases are complicated where the property owner or his/her insurance company will fight tooth and nail to reduce the compensation. Fighting on your own might not be a wise option, especially if you have no experience. However, when you hire an experienced personal injury lawyer, you can increase your probabilities of winning the case and maximizing the compensation.