When you have been injured in a slip and fall accident, the accident could negatively affect your life. It could be difficult to care for you family or event to get through your morning routine. It is possible, that in some cases. you may not be able to work for make a living for a time.
If you were injured on someone else’s property, you may wonder if you could be entitled to compensation for the injury. For more information about who is liable in the event of a slip and fall accident, take a look at the information provided below.
What Is a Slip and Fall Accident?
The term “slip and fall” applies to just about all incidents where something under your feet causes an injury. The accident could have been cause by uneven pavement, cracks in pavement or flooring, wet flooring, or other similar conditions. Also, the injury does not have to be slipping or falling, but it can also be an injury resulting from twisting, overextending, or stumbling.
You must have sustained your injury on someone else’s property and your injury must be a direct result of another’s negligence in order to file a slip and fall accident.
When Would Another Party Be Responsible for My Accident?
Slip and fall accidents can happen anywhere and at any time, but when is it someone else’s fault? The general rule is that your injury has to be a result of someone else’s neglect, as mentioned above. An example would be if there is slippery flooring and the responsible party knew about it and they did not handle, clean, or put up warning signs.
Another example would be if exterior pathways at someone’s home were uneven, known to be a problem or caused an injury in the past and they left unfixed. If you tripped on this area and sustained an injury, the property owner could be responsible because they did not make repairs needed to fix a known issue.
Property owners have a responsibility to properly maintain their premises at all times. So, as long as the responsible party knew of the problem and did not fix it, you may have grounds to file a personal injury claim.
How Do My Own Actions Come into Play?
A slip and fall accident can simply be just that, an accident. There may not have been negligence involved, it simply may have been caused by your own clumsiness or inattention.
If you fell because you were looking at your phone or reading a book, your injury would be caused by your own inattentiveness, not due to the fault of another party. If you were trespassing, goofing around, or dragging your feet, the accident may be caused by your own actions and behaviors.
So, if the hazardous area is properly marked or easily identifiable, you should be able to avoid it. If you were unable to do so because of your own carelessness or personal distractions, you may not have an injury claim.
Does It Matter Where Your Accident Occurred?
For every type of property, the owner or related parties need to properly maintain the premises. But there are expectations and maintenance requirements between residential, commercial, and government properties.
Residential
Residential property owners have a responsibility to provide a safe environment. Whether you are renting an apartment or home, or if you are visiting someone, the area should be maintained well enough to avoid injury.
The property owner can be held liable if:
- The repair could have been fixed easily without spending an unreasonable amount of money.
- The owner previously know that the issue could cause an injury.
- The owner did not make proper repairs or provide adequate warning.
Basically, if the owner had enough control over the issue and neglected to take the proper steps to fix it, they can be held responsible.
Commercial
With commercial property, the owner or employees have a responsibility to keep a safe. clean establishment. If they somehow caused the issue, such as bunched up carpeting, a loose rug, or a puddle, they could be held liable for your injury.
They can also be liable if they do not fix a problem that they knew needed repair. If a reasonable person would have fixed the issue and they did not, they could be held accountable.
Government
Being injured on government property can definitely complicate your case. You will have to follow special rules. Plus, slip and fall cases against government parties require proper notice and must follow strict timeframes. Even if you are unsure if your injury was the government entity’s fault, you should file a notice of claim as quickly as possible you do not miss any deadlines.
Once you file a notice of claim, the proper parties will be notified, and they will contact you about your injury and experience before you file an actual claim.
Being seriously injured can be a hardship on you and your family, but no matter how or where you have sustained a slip and fall injury, you should have legal representation on your side. For a dependable personal injury attorney in Greenville, NC, call Hardee, Massey & Blodgett, LLP. We can discuss the specifics of your case with you, help you decide how to proceed, and can help you get the compensation you may be entitled to. Call us today at 252-378-2525 for your free consultation.