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Examining Slip and Fall Claims: Simple Accident or Caused by Negligence?

08th December 2009
By Daniel Berry in Accident claims
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A slip and fall accident is a common term for an injury on someone else's property. The injuries that occur vary but are typically caused by a slip or trip that results in a fall. Slip and fall accidents can occur inside a building due to torn carpeting, poor lighting, wet floors, or similar issues. They may also occur outside on steep stairs, uneven pavement, or due to hazardous conditions such as snow or ice.

Some accidents occur simply because someone was careless and not paying attention to where they were walking. This does not warrant a lawsuit and the property owner would not be liable. Also slip and fall accidents that happen in your own home are only the fault of the victim and, therefore, are not a cause for a slip and fall accident lawsuit.

Slip and fall accidents fall under the broader legal category of premises liability claims. In the case of slip and fall accident lawsuits, the person injured has to prove that the cause of the accident was a "dangerous condition." He or she also has to prove that the owner/possessor of the property knew about the dangerous condition that led to the accident.

To establish that the property owner/possessor knew about the dangerous conditions that led to the accident, it has to be proven that he or she was negligent in one of the following ways: the dangerous condition was created by the property owner/possessor; the property owner/possessor knew the dangerous condition existed and failed to correct the problem; or the dangerous condition existed for such a long period of time that it is assumed that the property owner/possessor should have discovered the condition and corrected it prior to the accident.

If one of these three criteria can be proven, then the property owner/possessor may be held liable for the slip and fall accident. An experienced personal injury attorney will be able to review the unique circumstances of your case and determine if a slip and fall accident lawsuit should be filed.

If you suffer a brain injury, spinal cord injury, or another type of injury resulting from a slip and fall accident, you may be able to pursue compensation. Speak to a premises liability attorney as soon as possible to review your claim.
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