Slip and fall accidents can be tried under a branch of personal injury law called premises liability. Under premises liability statutes, which vary state by state, the following must always happen in order for you to hold someone responsible for your injury:
- you must prove you were injured on another person’s premises,
- and that their negligence led to the unsafe conditions that caused your injury.
For “slip and fall” cases, which are by far the most common premises liability claims, finding this negligence can go as follows:
An older woman is using the restroom at a restaurant. While she is inside, an employee mops the area outside of the bathroom. When she exits, she is not expecting the floor to be wet and does not take the appropriate caution. As a result, she slips and breaks her hip. Because the people who were operating the restaurant did not warn the woman of the danger, or indicate it with cones or caution signs, their actions are considered negligent and they are liable for her injury.
This case is pretty straightforward, but not all slip and fall claims go as smoothly.
In many cases, such as those where the injured person is distracted or otherwise “careless” themselves, property owners will try to shirk the blame onto the injured party. Because of this tendency, many people recruit experienced attorneys who can anticipate this kind of accusation and defend their clients appropriately.
For example, let’s revisit the above case. If the woman was texting on her phone when she exited the restroom, the restaurant owner could claim that she was responsible for her own injury because she was not aware of her surroundings. A good attorney would counter this claim by explaining that the woman had a reasonable assumption that her surroundings would be in the same, safe condition they were in when she entered the restroom.
With the right attorney, the woman would still be able to attribute all the liability of her injury to the owner of the premises on which she was injured.
Choosing the Right Attorney
The key to winning a premises liability case is to hire the best attorney. Luckily for you, you’re already reading our blog. At the Law Offices of Andrew B. Shin, we dedicate our practice to providing fair representation to the injured. When you are harmed by someone else’s wrongdoing, our team moves quickly to document your injury, build your case, and win the compensation you need to recover.
Take the first step towards winning your premises liability case today by calling (408) 709-7317 and requesting a free consultation.