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"Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims. There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
There is no precise way to determine when someone else is legally responsible for your injuries if you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall. In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition," and that the owner or possessor of the property knew of the dangerous condition. In order to establish that a property owner or possessor knew of a dangerous condition, it must be shown that: the owner/possessor created the condition, the owner/possessor knew the condition existed and negligently failed to correct it, or the condition existed for such a length of time that the owner/possessor should have discovered and corrected it prior to the slip and fall incident in question.
In order to recover for a slip and fall injury sustained on another's property, there must be a responsible party whose negligence caused the injury. This sounds obvious, but many people do not realize that some injuries are simply accidents caused, if anything, by their own carelessness. If you've been injured in a slip and fall on someone else's property and are considering a legal claim, you should discuss your case with an experienced attorney as soon as possible.
If you've been injured in a slip and fall on another persons property and are considering a legal claim, you should discuss your case with John K. Zaid & Associates, PLLC today, or simply stop by our office to set up your free initial case consultation.