Were you involved in a slip and fall accident while on someone else's property? You're likely wondering if you have a valid personal injury case on your hand where you can sue the property owner. Here are some questions you likely have about this legal situation.
When Is A Property Owner Liability For A Personal Injury?
When determining if you have a valid lawsuit on your hands, you need to determine if the property owner could be considered liable. This means that there must have been some sort of preventable hazard on their property that the owner could have taken steps to prevent.
A good example is having water on the floor of a business, as a customer could slip and fall on the water as a result. Another example would be if there was uneven concrete outside a business, as a customer can trip on the concrete and take a big fall.
However, there are situations when the property owner would not be held liable. These are typically situations that the owner couldn't have prevented, such as if a customer was walking and distracted by their cell phone and didn't see the water on the phone surrounded by the wet floor sign.
Even if you feel like the property owner would be liable for your injury, you must be able to prove it to justify a lawsuit. Take the example of the wet floor in the grocery store. Was it caused by a bottle that a customer recently spilled and the employees didn't have any time to be notified and clean up the spill? Or was the water on the floor caused by a leaky pipe that has been known about? The latter would be a situation where you can claim the business owner could have prevented the injury.
What Type Of Injury Justifies A Personal Injury Lawsuit?
Simply having a slip and fall on someone else's property is not enough to file a lawsuit. There has to be a substantial injury to cause a financial loss that can justify a lawsuit. Tripping on uneven concrete that results in a minor cut is not a reason for a lawsuit. A fall that results in hitting your head and a trip to the ER could very possibly justify a lawsuit.
You also have to think about the extent of your injuries. Even if you went to the emergency room to treat an injury, trying to recover your co-pay may not be enough to justify the hassle of a lawsuit. You may have a hard time finding a lawyer that is willing to take on your case on a contingency basis.
For more information, contact a local law firm, like Martinez King Law Firm, PLLC.
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