Slip and Fall Attorneys
Slip and falls, or trip and fall accidents that lead to personal injury or death, can occur anywhere at any time, from parking lots and staircases to driveways and sidewalks, from shopping malls and condominium complexes to schools, homes, and office buildings. If slip and fall accidents happen because a property owner failed to maintain the premises to the standard required by law or allowed code violations and dangerous building conditions to exist, claims may be filed to recover damages. When a slip and fall accident occurs, a thorough investigation and evaluation of its cause(s)--conducted by a personal injury attorney with direct experience handling unsafe building conditions injuries and premises liability claims--is always the best way to proceed. To find an experienced unsafe property injury attorney in your area, contact the law offices of Schwartz Roller LLP. Our personal injury lawyers and accident attorneys have handled numerous lawsuits against negligent owners of property where slip and falls have occurred.
What You Need to Know About Slip and Falls Injuries and Accident Claims
Millions of slip and falls happen every year--many leading to serious and permanent injuries, including broken bones, joint injuries, neck and back injuries, and head injuries. In most slip and fall injury cases, both the property owner (and/or occupant) and the slip and fall victim can be held to varying degrees of responsibility or "comparative fault," based on the owner's duty to keep the property safe and the victim's obligation to exercise ordinary care while walking on potentially slippery surfaces, uneven ground, or stairs.
Some slip and falls are the result of personal carelessness or recklessness. Others are the direct result of negligence on the part of the property owner or occupant.
People injured in a slip and fall accident may have a right to file a personal injury lawsuit, if the accident was due to a defect in the design, construction, or maintenance of the property where it occurred. Determining liability in slip and falls is not exactly precise, however, as any experienced unsafe property injury attorney will tell you. Often, judges and juries just use common sense to determine whether the steps taken by the owner or occupant of a building were reasonable--meaning regular and thorough efforts to keep the property safe and clean. To be legally responsible for injuries suffered from slipping or tripping and falling, the owner/occupant of the premises (or an employee) must have done at least one of the following:
- Caused a dangerous condition such as a spill or left slippery or dangerous surfaces or items under foot
- Been responsible for a hazard such as a worn or torn area of carpeting or broken light fixture
- Known of the dangerous surface or condition and ignored it, because a "reasonable" person taking care of the property would have discovered and removed or repaired it
If any of these conditions existed at the time of the slip and fall, the injured person may have a good claim for compensation.
Why You Need an Experienced Unsafe Property Injury Lawyer
Many homeowners and business owners fail to secure a sufficient level of liability insurance to cover the amount of any damages from a slip and fall accident or unsafe building injury on their property. If the premises liability insurance is not sufficient to cover the claim, then the homeowner or business owner will become personally responsible for the damages. The landowner's duty to protect an entrant on the land depends on how the entrant is classified. The entrant on the land can be classified as a trespasser, licensee, or invitee. The landowner's duties are different for each type of entrant. Of course, the landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees. Some states, however, like New York, have done away with these multiple classifications in favor of one standard of "reasonableness under the circumstances" of a particular case.
Given the complexity of the legal and premises liability issues involved in slip and fall lawsuits and unsafe building conditions injury cases, hiring a skilled unsafe property injury attorney to investigate, litigate, negotiate, and resolve premises liability claims is especially critical. If you have been involved in a slip and fall accident or received a serious injury due to a defect in the design, construction, or maintenance of the property, use the convenient form on this Web site to contact the personal injury attorneys at Schwartz Roller LLP and receive a free, confidential evaluation of your case.
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