Suffered a Slip and Fall? Call Us Today.
If you have fallen and suffered an injury on the property of another you may be entitled to compensation if it can be proven that the owner knew of the dangerous condition and failed to correct the problem. This is true whether you were injured on private or public property, or whether the injury was sustained inside or outside. Demonstrating liability and proving damages is a complex process and it is, therefore, critical to have the assistance of an experienced attorney to navigate these claims and ensure your rights are protected.
How do you prove liability in a slip and fall case?
An individual can be found to be liable for negligence in a slip and fall case if the following elements of the claim are proven:
- A duty of care was owed;
- This duty of care was breached;
- The breach of the duty of care proximately caused the loss or injury; and
- You suffered an actual loss or injury.
To evaluate whether there was a breach of a duty of care, certain circumstances must exist: (a) the property owner knew or should have known of the dangerous or defective condition; (b) the owner did not correct the problem, and (c) the owner caused the dangerous condition that led to the slip and fall.
Evaluating the duty of care and alleged breach of duty of care is complicated and can vary depending on the nature of the establishment. With the guidance of the experienced attorneys at Krum, Gergely & Oates you will have the assistance you need to navigate all elements of a slip and fall claim and to get the compensation to which you are entitled.
Slip and fall injuries happen because of a hazardous condition(s) that exists at a particular premise. Some common conditions that lead to slip and fall injuries are the following:
- Wet floors
- Icy entryway
- Poor lighting
- Broken steps
- Obstructions
A person or entity facing a slip and fall lawsuit will likely raise certain defenses to limit or absolve themselves of liability in your case. These defenses will shift blame or responsibility to the injured party or to another individual or entity altogether. Common defenses include contributory negligence (meaning your own negligence also led to the injury); failure to notice (meaning the owner was not on notice of the alleged dangerous or defective condition); trespass (the injured party was not permitted to be on the property); and assumption of risk (you knew of the risk and willingly assumed the risk). These are complicated concepts that an attorney can help you explore to ensure maximum recovery in your case.
A slip and fall injury can be traumatic and upsetting. The personal injury attorneys at Krum, Gergely, & Oates will ease the burden by negotiating directly with the insurance company on your behalf and filing suit if necessary, to ensure that you are made whole from the aftermath of the slip and fall injury. We will work closely with you to ensure that all the necessary facts and evidence are collected, and conduct any necessary investigation with the aim of maximizing your recovery.