In personal injury law, the phrase "slip and fall" is used to refer to an injury that occurs when a person trips or stumbles, and then falls; often because of dangerous conditions on property owned by another party.Incredibly common, slip and fall accidents are the leading cause of spine and back injuries in the U.S, and also the leading cause of injury in children, 14 and under.So, who's really to blame in slip and fall accidents? The reality is that there's no one blanket answer, and it really all depends on the particular circumstances.Premises LiabilityIn the area of law known as "premises liability," property owners and businesses have a responsibility to provide a safe environment for guests and customers. If they fail to do so, and someone is injured on their property, they may be held liable for lost wages, medical costs, as well as pain and suffering they may have caused the victim.In a regular slip and fall accident case, the injured party will sue the property owner for being negligent about taking care of their property - claiming that if they would have put salt down on an icy patch (for example), or displayed a "caution: wet floor" sign, the injury would not have happened.All in all, it's up the property owner to tend to all necessary safety precautions, so that guests and patrons remain out of harm's way. Still, there are certain circumstances that, on the face of it, appear as though the property owner was negligent, but further evidence might show that the plaintiff was responsible for their own injury. Comparative NegligenceAs you can begin to see, a slip and fall accident lawsuit isn't always simple to judge. Other factors should be taken into account, too, such as "comparative negligence." This concept examines whether or not the victim had a good reason to be in such a hazardous location. Also, whether or not a responsible person could have observed and avoided it, as well as whether or not any prior notifications of the such conditions existed.If an individual is in a park after-hours, or wandering through a construction zone, and they slip and fall, chances are, they had no good reason for being where they were when they got hurt. So, in this case, the plaintiff might be to blame for their slip and fall accident.Preparing For A Slip And Fall Cases In CourtThere are a few things you have to get clarified, before heading to court. One of them is whether or not you're within the statute of limitations to file the claim. Every state has a deadline for filing lawsuits in court, and the clock starts ticking when the injury first occurred. Sometimes though, the time span can begin as late as when the plaintiff actually discovered the injury. Writing a demand letter is another important part of the puzzle, for those interested in taking their case to court. The letter ought to include the details of the accident and the extent of the injuries. Hospital bills and documentation of lost income are both key elements to include in the letter.Let An Experienced Personal Injury Attorney Handle Your CaseIn the end, the judge will be the ultimate decider of who's to blame in a slip and fall case - it really all depends on the details of the accident. One thing's for sure though, being prepared for the case will likely yield you the best outcome. We highly suggest getting a free consultation from an experienced personal injury attorney. There here to bring you the justice you deserve.
