The scope of the Personal Injury or Tort Law is relatively extensive, and it covers a wide range of injuries. However, before we describe the slip and fall incident, which is probably one of the more common personal injuries that fall within the scope of the tort law, let’s look at a comprehensive definition of the Tort Law as well as the requirements for an injury to fall within this category of law.
The personal Injury Law: A comprehensive definition
The US Legal Forms website defines the personal injury law as applying to the “legal protection and defenses dealing with civil lawsuits made because of wrongful conduct or act.” Additionally, it is equally important to highlight the fact that the injuries are a consequence of negligence, intended or unintended.
It is also essential to highlight that not all accidents are a result of negligence. The word “accident” defines itself. It is sometimes just that: an accident. The injury was not caused by negligence, nor was it intentional.
Thus, should you wish to file a personal injury claim, it is best to consult with a Kent, WA injury attorney to ensure that your claim falls within the requirements of the Tort Law. Actually, it is preferable to hire a personal injury attorney to file your claim and manage the process from start to finish.
Why?
Succinctly stated, a tort lawyer has the skill, knowledge, and experience to navigate the personal injury law and the civil courts to make sure that your lawsuit results in a successful conclusion. Otherwise, the defendant’s attorney will do their best to confuse you with legal jargon to ensure that your claim is unsuccessful.
The validity of claiming for a Slip and Fall Injury
Not all accidental slip and fall injuries will fall within the boundaries of the tort law. Consequently, the best way to describe a valid slip and fall accident is to cite the following example:
Let’s assume you are shopping at your local grocery store when you suddenly slip on a wet patch of floor and fall. The fact that the result of the fall is a broken wrist does not apply to this discussion. What is important to note is whether there was an indication of the fact that the floor was wet.
If that section of the floor was being cleaned and the requisite warning signs were placed around the wet section, but you did not notice them, it makes it hard to argue that the accident was as a result of negligence by the retailer.
However, on the other hand, if there was no indication that the floor was wet, either via a staff member or warning signs, then your personal injury attorney will have a valid case to argue.
Final thoughts
This simple slip and fall accident example’s purpose is to broadly describe the difference between a valid slip and fall claim or an invalid claim. However, your attorney is the best person to ask in the event of an accident. Ultimately, it depends on how the case can be argued in a civil court of law.
