Premise liability claims are claims in which an injured party can sue a property owner for an injury that is the result of dangerous property conditions. Accidents involving a slip, trip, or fall are all examples of a premise liability claim. The attorneys at McCarthy, Rowden & Baker have experience working on a wide range of premise liability claims including claims arising from:
- Falls occurring at apartment complexes
- Falls occurring at hospitals and nursing homes
- Falls at commercial establishments such as shopping centers or restaurants
- Falls from collapsing decks or porches
- Falls on wet slippery surfaces such as ice and snow
- Falls involving defective doors
- Falls on stairs
- Falls on mats or rugs
Elements of Slip, Trip & Fall Claims
In order to be successful in a slip, trip or fall claim, you must be able to show that you were injured due to the other party’s negligence. The injured party must be able to show that he or she was the actual victim of the other party’s negligence and that their negligence was the direct cause of the injury. The victim must also be able to show that the other party was aware of the dangerous condition, had a duty to correct it, and failed to do so.
Every slip, trip or fall claim must satisfy these basic elements. The strength of the proof of each of these elements will determine the success of the action.
Often, when a slip and fall accident occurs, the only person who witnesses the accident is the person who actually slipped and fell. As a result, there usually are not any witnesses in these types of cases. Because there are usually no witnesses, the credibility of the victim is extremely important. An experience, competent personal injury attorney will explore every detail of the slip and fall accident with the victim in order to ensure that the victim’s credibility will not be a problem for the jury.
Most slip and fall accidents are caused by some type of hazard. Some examples of potential hazards are a wet supermarket floor, defective stairs, a loose door jamb, and a leaking roof. If you have suffered a slip and fall accident, you need to consult with an experienced personal injury attorney who can help you identify any hazards that resulted in your accident.
If there is no apparent hazard, you may still have a claim. An experienced personal injury attorney will work with you determine whether or not there were any possible intervening events that caused you to fall. Finding such events can be complex and it is important that you seek the advice of an experienced personal injury attorney that can review the merits of your case personally.
If you would like to speak with an experienced personal injury attorney regarding your slip, trip or fall claim contact the offices of McCarthy, Rowden & Baker at the number below to schedule a free initial consultation.