Law

Slip & Fall – Accident, Injury & Subsequent Legal Actions

The term “slip & fall accident” refers to a case related to personal injury which occurs when a person slips and gets injured on other’s property. Such case is categorised as “premises liability” claim. If this type of accident takes place on the property or premises owned by someone else, the property owner may be legally charged to compensate the injured party for medical expenses.

Several hazardous conditions such as wet floors, poor lighting, torn carpets, narrow & defective stairs, slippery items placed on the floor or sudden flooring changes are some reasons why a person may slip and fall on the hard surface of ground. Even if a person accidentally slips and gets injured outdoors due to rain, snow or hidden imperfections like pothole in the land, he or she may consider it a slip and fall accident case.

Proving Faults

For your slip & fall injury, it cannot be directly determined whether the property owner is legally responsible for the entire accident. Each “slip & fall accident” is reviewed in the light of whether the premises owner or caretaker took essential steps in order to avoid such accident & personal injury and whether you overlooked the unsafe condition of the ground while walking. There is a number of general rules formulated to decide whether the property owner can be held liable for your slip & fall injury.

In most of the “slip & fall accident” cases, when a person gets injured in such a way on someone else’s premises, he or she is likely to establish the fact that the accident took place due to a “dangerous condition” and the owner knew all of the risk or probable mishaps. The risky or dangerous condition must pose a threat to any person walking on the property and such hazards should not have been noticed or expected by the injured party at all.

Parties Involved in the Case

When a slip and fall accident occurs on someone else’s property or premises, one of the parties involved in the case must be liable for the accident & consequential injuries. There must be a person whose negligence leads to ultimate slip or trip & fall injury. The property owner will be legally held responsible for the injury – this might not be the truth all the time because many accidents take place simply due to basic carelessness of the injured party.

Types of Property Involved

Residential Property

In residential premises, landlords or residence owners may be legally held liable to third parties injured as well as tenants for slip and fall accidents on their rental property

Commercial Property

The commercial property involved in the slip and fall injury case can be of several types including restaurants, retail stores, service station or other kinds of business premises

Government Property

When you get injured due to slip & fall on a government property, a property possessed by state or local government entity, the case is evaluated in the light of special rules. In order to avail professional legal assistance for such case, you should consult an experienced Atlanta slip and fall attorney and file a claim against the property owner.