Slips and Falls: How to Determine the Validity of your Injury Claim
While you may experience a slip and fall because you didn’t pay attention to something, this accident can be caused by a hazard on some people’s property. Just because you fall on a property doesn’t always mean the owner of the property has legal responsibility for your injury. However, in some cases, the owner can be held liable. If you have sustained an injury on somebody else’s property, the following tips can help you decide if you have a valid claim for your injury.
Determine if the Property’s had an Unsafe Condition
The property owner will have liability if your fall was caused by an unsafe condition. Unsafe conditions include a seriously damaged sidewalk, snow and ice accumulation, wet and slippery floors and potholes. Also, the owner must have allowed the condition to persist.
Know if the Owner Knew about the Hazard
The owner can only be held liable if he was aware of the existence of what had caused your fall. Keep in mind that those who own properties are entitled to a reasonable amount of time to find out risky conditions. When it comes to your type of case, proving a notice can be hard. If your fall took place on a business property, an incident report will b made afterwards. Usually, this report determines what caused the incident and offer insight into how long the owner has known about the risky condition which caused the fall.
Identify if the Property Posted a Warning
If the owner of the property knows about the dangerous condition and cannot resolve the issue right away, they are often required to give a warning o people of the danger. For instance, a constructing a public sidewalk should involve warning people of any possible risks as the construction process goes on. Also, people in stores must also be warned of the slippery floors when they are recently mopped.
Be Aware of your Responsibility
An open and obvious condition may not hold property owners liable for any accident. This is because people can prevent their own injuries. However, if you have legal liability after you have sustained injuries, this could negatively affect your personal injury claim. Thus, before you make a claim, consider whether your injury is worth the hassle.
If you were injured because of a slip and fall accident which took place on somebody else’s property and you think you have a valid claim, call an experienced Opa Locka slip and fall accident lawyer. Your attorney will inform you of applicable local laws and can evaluate your claim’s validity.