When is a slip and fall claim valid?

Monday, May 1, 2017 by The Law Offices of J. Jeffrey Herman

Whether at work or on vacation, slip and fall accidents are very common. Although these types of accidents are often caused by something as simple as being clumsy, there may be other elements such as hazards or an individual on the premises that may have contributed to the accident. The property owners where the accident occurred are often held liable for slip and fall accidents. However, in order to prove their liability you will need to gather the necessary evidentiary support with a Ventura slip and fall attorney well-versed in personal injury laws.

Was the property safe?

There is generally an unsafe condition that may have caused the slip and fall accident. An individual slipping and falling is not enough evidence to claim compensation. A typical unsafe scenario will include:

• Wet or slippery floor
• Defective sidewalk
• Debris

The owner of the property is responsible for creating these unsafe conditions and for allowing them to continue. However, property owners are not required to make their property perfect but to meet certain safety requirements. The accident may not have been their fault.

Was the property owner notified?

Property owners are given plenty of time to be notified of an issue in their property and to fix it. In other words, they may not be aware of what’s happening on their premises or may take their time to solve the problem. For instance, perhaps someone drops fruit on the floor in a grocery store and someone walking around slips and falls. In the incident report, the property owner may state he was not aware of these dangerous conditions.

Was there a warning?

Property owners that were not notified about a dangerous condition in their property will not be able to offer a solution immediately. They may need time to warn people of the hazard. Construction sites, for example, are required to warn people about dangers. Likewise, if someone just cleaned a store and a client walks in and falls without being warned the floor was wet, the store owner may not be held liable for the accident.

Who is responsible?

Property owners are not obligated to compensate anyone if the dangerous condition was obvious and the client or person in their premises was warned about it. It’s good to exercise caution when out on the road or in someone else’s property. However, in most personal injury cases, there is someone other than the injured responsible for the accident and there is a good possibility the person that suffered injuries will obtain compensation.

A good advice

If you have been injured due to a slip and fall accident, you should seek legal advice from an experienced Ventura slip and fall attorney and obtain the compensation you are entitled to receive. No matter what circumstances led to the accident, there is always a chance to find out who has caused it. J. Jeffrey Herman has over 30 years of experience representing victims of slip and fall accidents. He can navigate all the complexities of your personal injury case with ease and achieve a successful outcome.