Personal injury law covers a lot of
different situations, with one of the most common examples being
socalled slip and fall accidents. This personal injury category
involves injuries that occur when an individual suffers harm from a
fall on someone else's property because of unsafe conditions. The
following article offers a brief overview on this important legal
topic.
How to Prove Liability
To win a slip and fall personal injury
case, you need to show that the owner of the property, or someone
acting on their behalf, was negligent. You prove negligence by
providing evidence that an unsafe condition led to your injury and
that the owner of the property, or their representative, such a store
manager, was aware of the issue and did not fix it.
The unsafe condition could be something
that arose by chance, such as a leaky roof causing the floor of a
store to become unsafe. Another example of an unsafe condition occurs
when the property owner themselves creates the dangerous situation.
For instance, a property owner might be liable if they place a large
obstacle on a walkway that causes someone to fall.
Rectify
An important point to note is that the
law will consider whether the property owner or employee had a
reasonable amount time to rectify an unsafe condition. For example,
if a store manager is told about a spill almost immediately after a
spill occurs, but a customer falls before the spill can be cleaned
up, the store owner might not be held liable.
How to Avoid Contributory Negligence
Issues
When you file a slip and fall lawsuit,
it's almost a given that the defendant will try to prove that your
behavior contributed to the accident. If the defendant can prove
contributory negligence on your part, their liability is reduced. So,
if your behavior is proven to have contributed the accident in some
way, your damages, if any, will be lowered.
Say Nothing
To avoid issues relating to
contributory negligence don't say anything to anyone about the
accident that would make it seem like you were at fault in some way.
Contact an experienced attorney who has successfully litigated
personal injury cases as soon as possible after the accident and
follow their advice on this matter to the letter.
How to Pursue Claim Against
Government Entities
For many years, it was virtually
impossible to win a slip and fall case against a government entity,
such as a city or state government, because of the concept of
sovereign immunity. The legal principle of sovereign immunity meant
that governments could not be sued in most instances.
The principle of sovereign immunity has
been modified over the years, so that it's now possible, in some
instances, to successfully sue a government entity if they are
responsible for your injuries an accident. Special circumstances
generally apply, however, when you are suing a government agency or
department.
Statute of Limitations
One of the most important differences
involves the statute of limitations. You have much less time, as a
rule, to file your slip and fall case when the defendant is a
governmental body rather than a private company or individual. In
some instances, you may have to file within 30 days of the accident.
For this reason, it's vital to see an attorney quickly when you sue
the government.
Another important consideration to keep
in mind is that many states have laws that limit the amount of
damages you may collect from a government entity.
To win a slip and fall case you will
need the help of an experienced and capable attorney such as the Law
Offices of Janice Maloney. Contact
us
to learn more about slip and fall personal injury lawsuits.
