If you have been unfortunate enough to have sustained an injury when you slipped, tripped and fell on someone else’s property, you should know if you have a meritorious claim against someone or some entity for your damages. The laws relating to slip and fall accidents come under the umbrella of “Premises Liability” law. Many people erroneously believe if they are injured on someone else’s property, the property owner’s insurance company is automatically responsible to pay for their medical bills, lost earnings and pain and suffering.
The truth is that the property owner, or his or her insurance company, is only obligated to pay damages to a slip and fall victim if very specific conditions are met.
How Can I Determine If I Have a Valid Claim?
The following is a simple formula for determining whether or not you have a viable claim:
Dangerous Condition + Notice + Injuries + Causation = Verdict
1) Dangerous Condition
Unless your slip and fall accident was caused by a dangerous condition, you don’t have a case. A dangerous condition can be many things – a wet floor, a broken tile or floor board, a broken hand rail on stairs, inadequate lighting etc.. If your personal injury attorney can establish you slipped or tripped and fell due to a “dangerous condition” you get to address the next hurdle, the most difficult one to prove, “Notice”.
In order to prevail in a slip and fall case your lawyer must be able to prove you slipped/tripped/fell due to a dangerous condition on the defendant’s premises AND the defendant either “knew or should have known” about the dangerous condition.
There is no case unless you sustained an injury.
Causation is the legal term used to describe the causal relationship between the accident and the injury being claimed. It will be your attorney’s obligation to prove your injury was “caused” by the accident.
Once your lawyer has establish all four (4) of the elements above the insurance company for the defendant, or a jury if the case goes to trial, will be compelled to compensate you for your damages.
As you can see, pursuing and proving a slip and fall case is difficult. You should consult with personal injury attorney as soon as possible to have your case properly evaluated.
Contact an Experienced Long Beach Slip and Fall Attorney to Discuss Your Claim
“Your Injuries are Personal to Me”
My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
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