Nothing puts “fall” into “slip and fall” like the holiday season. Hard ice, turkey frying grease, wet leaves, and strings of holiday lights all pose hazards during the final months of the year. And while these occurrences are common, that doesn’t mean you have to accept them. If you feel that a property owner or business has been negligent in the care for their location, you may have legal recourse after your injury. Here’s what you need to know about slip and fall legal claims.
This is especially true for property and business owners who must not be negligent in their care and keep up their property to avoid fault. Some indicators that someone else is potentially legally responsible for your injuries are:
- An owner or employee caused the hazard.
- The owner or employee must have been aware of the hazard and did nothing to remedy it in a timely manner.
- An owner or employee should have been aware of the hazard because a “reasonable” person would have noticed the issue and removed, repaired, or cleaned it.
Number 3 is the most common, but the term “should have” can be subjective and therefore legally ambiguous. A judge or jury must decide if the owner of the property took reasonable actions to keep the property safe.
Negligence claims turn on whether or not the property owner (or occupier) acted reasonably. To determine this the law focuses on whether or not the defendant (property owner or occupier) maintained and cleaned the property regularly to keep it safe and free of hazards.
Here are a few points that will be considered when we decide whether or not you might have a case in a negligence claim related to your injury.
- How long was the hazard present? Had the danger been present long enough for the owner to become aware of the issue?
- Did a lack of lighting contribute to your accident?
- Does the owner (or occupant) regularly clean and maintain the premises? Do they have proof?
- If your fall was caused by something placed or left on the ground, was there a reason for the item to be there?
- Could a barrier or warning be created that would have prevented you from falling?
The knowledgeable attorneys of Collier & Collier, P.C. can help determine the amount of money you should receive in your case, and will fight to make sure you get it. Let us help you deal with your legal issues, while you focus on recovery.
Contact the law offices of Collier & Collier, P.C. at 1-804-368-6368 or toll-free at 1-877-825-0543 for a free consultation to discuss your case.