Accidents can happen anytime that we walk out our front door. It’s a dangerous world out there, and oftentimes, people out in the world don’t make things as collectively safe as they should.
Negligent behavior by others can often lead to slip and fall accidents. This might the result of a business owner that neglects to fix a problem on their property or a variety of other scenarios.
The bottom line has to do with you and your rights. If you’ve been injured as a result of the negligence of another individual or entity, you have a right to compensation under the law. How can you ensure you win your case?
Read on and we’ll walk you through everything that you need to know.
Understanding Negligence
What exactly is the legal concept of negligence? Understanding what negligent behavior is can be key to paving the way towards a victory with your slip-and-fall lawsuit.
Under the law, all people and entities are understood to have a general standard of care they must take in their behavior towards others. One must not act recklessly around others in a way that might cause injury.
A driver should not drive drunk, speed through red lights, and so forth. A neighbor shouldn’t let a dog with a violent history run free and off-leash throughout the neighborhood. Hundreds of other examples exist.
When an individual or group runs a business, they have a responsibility to the patrons that visit their operation. If they are aware of a problem that could lead to injuries, such as a large puddle or faulty stair, it is their responsibility to fix the issue.
Failure to do so might result in a slip and fall accident. The failure of the business owners to take care of an issue that can clearly be dangerous would be an example of failure to live up to the accepted standard of care.
That business would be considered negligent. The injured individual would likely be able to bring a case forward against those who failed to rectify the situation in due time.
Exceptions and Non-Negligence
Not all slip and fall accidents are due to negligent behavior. If a business owner genuinely had no idea about the potential issue, they would not know to fix the issue. This might not make them liable under the law.
Let’s look at an example. There’s a local movie theater and a customer purchases a large soda. On the way to their theater, the customer drops that soda and ice and liquid go everywhere.
Within a few moments, another guest traveling behind the individual steps onto the ice, falls, and injures themselves. In this instance, the owners of the movie theater could not be held liable for the injury.
They’ve taken all steps to prevent injuries on their premises and could not have prevented this one if they wanted to. It would be hard to bring a case against them.
However, if a manager was notified of the spill and failed to take care of it within a reasonable time, they could be found liable under the law.
Winning a Slip and Fall Lawsuit
Think you have a case against a negligent individual or entity? You’ll want to make sure you’re prepared to make your case and get the compensation that you’re legally entitled to.
How would you go about doing this? The most important step you could take is to first hire an experienced slip and fall attorney. An attorney will have handled dozens (if not hundreds!) of cases just like yours in the past.
They will know what evidence needs collecting and how it needs to be presented in order to make your case strong. They will have experience working against insurance company lawyers and might even have prior relationships that can be beneficial.
There is a very good chance that you personally won’t have much experience bringing a lawsuit forward on your own. The next few difficult months, while you’re recovering from your injury, are likely not the time to try and learn.
Hiring an attorney can give you a shoulder to lean on during a difficult time. Your attorney will ensure you have a clear understanding of your case. They will be able to parse complicated legal concepts down into basic language for you.
They will ensure that you have the information you need to feel comfortable moving forward with your case.
Understanding Comparative Negligence
An attorney will also ensure that you understand the concept of comparative negligence, which may play a large role in the specifics of your case. If you, the injured individual, have also acted negligently, it might impact the amount of compensation that you are able to receive.
What might this look like? To go back to our previous example, let’s consider the movie theater accident. If the injured individual slipped on the ice because they were running through the theater while playing tag, it could also be argued that they were acting recklessly.
Both the individual and the business, it could be argued, contributed to the accident. In this kind of situation, your attorney would need to argue for how much compensation that you’d still have a right to.
Dealing With a Slip and Fall Injury Case
If you’re facing an injury due to a slip and fall accident, you’re likely very interested in getting the compensation you deserve. The above information can help you to understand what you need to know to come out of the other side of a case with a win.
Need immediate help with your case? Contact us anytime for a free consultation.
Posted in: Personal Injury