Injured In A Slip And Fall Accident: 2 Facts You Need To Know About Filing A Personal Injury Lawsuit

Law Blog

While the injuries that result from a slip and fall accident may not be as severe as those suffered in a major car accident, these injuries may still entitle you to compensation under personal injury laws. Taking the time to review the two facts outlined below can help you to determine whether or not your slip and fall case may qualify for a personal injury lawsuit.

Fact #1: A Person Or Company Must Be Legally Liable For Your Accident In Order For You To File Suit

In order for you to file a personal injury lawsuit in your case, you will need to be able to prove that an individual or company is legally liable for causing your accident. This means that the liable party acted in a negligent or careless way and that their actions are directly to blame for your accident.

For example, if you slip on a patch of ice while walking through the parking lot of your favorite retailer, this retailer could be held legally liable for your accident if they failed to take steps to try and eliminate the ice or warn customers of its presence. However, if caution signs are in place and the company has poured rock salt on the pavement to try and eliminate the ice, they are no longer liable because they did everything possible to alert you to the risk and help prevent you from falling.

Fact #2: You Must Show That Your Assumption Of Risk Was Reasonable

It simply is not possible to eliminate all risk of injury in your daily life. Each time you get behind the wheel of a car or even walk across the street, you are exposing yourself to the danger of possibly being injured. However, it is considered reasonable for you to take these risks because you are able to minimize them by taking preventative measures, such as looking both ways before you cross the street or choosing to only cross in the crosswalk.

When pursuing a slip and fall injury suit, you will need to prove that any risks you assumed that contributed to you accident were reasonable. For instance, if you slip and fall on a neighbor's steps after being invited over for dinner, you can demonstrate that your assumption of risk was reasonable because the steps appeared in good condition and you had reason to believe that the homeowner would ensure a safe walkway after inviting you to visit their home. However, if you slip and fall when trying to check out an abandoned property in your neighborhood, it is not reasonable to assume that the property is safe because there is no one directly responsible for its upkeep.

For more information, contact a firm such as Horlick Levitt Di Lella Personal Injury Lawyers.


2 June 2015