What to Consider When Starting a Slip and Fall Claim

Posted By Allen Law Firm P.A. || 25-Jul-2016

If you suffered injuries after a slip and fall accident and are taking legal action, it is not enough to simply prove that the accident occurred. You must be able to show that the property owner failed to maintain his or her property reasonably safe, and that this act of negligence was a direct cause of your injuries. In this blog, we discuss what to consider when pursuing a slip and fall claim.

How unsafe was the property’s condition?

A property can be deemed unsafe if it has wet floors, uneven stairs, potholes, and debris. Property owners have a responsibility to maintain their reasonably property safe – should the owner fail to do so, he or she could be held liable for the accident and your injuries. It’s important to note, however, that owners are not obligated to keep their property completely and perfectly safe. If there is a heavy snow storm, for example, the owner should clear the snow and de-slick the walkways but they are not responsible for keeping the walkways completely dry and clear.

Was there a notice of the dangerous condition?

If a property owner will notice a hazardous condition on the property and take little to no action in repairing it, they can be held liable for your injuries. In any slip and fall claim, this can be the most difficult aspect to prove. Unless you were present at the property on multiple occasions over an extended period of time, it can be difficult to show how much time has passed between when the condition was noticed by the owner and when the accident occurred.

Were there any posted warnings?

In the event that the condition in question cannot be fixed immediately, the property owner is required to post notification to let others know of the risk. “Caution” and “slippery when wet” signs are examples of posted warnings. It must be apparent to those walking on the property that there is a dangerous area that should be avoided.

The Gainesville personal injury attorneys at Allen Law Firm, P.A. have nearly 200 years of combined legal experience and we’ve recovered more than $100 million in settlements for our clients. We’re available 24/7! Call us today at (352) 331-6789 or contact us online to schedule your free consultation.