Personal Injury Law 102: Premises Liability Claims
Slip and fall is also known as trip and fall and is a personal injury case in which a person slips or falls on someone else’s property. This claim is based on a person slipping and falling. These cases fall under the category of premises liability claims.
These accidents happen fairly often, they may happen at a friend’s house, shopping plaza, grocery store or at the workplace. In some cases the property owner is responsible for the injury but in some cases the property owner will not be held liable. These accidents can happen outdoors or indoors. Liability of the property owner depends on whether the owner took proper actions to correct the problem or at least warned them.
A property owner is always responsible for maintaining his or her property. If the injured person shows that the property owner knew about the problems but did not provide a safe environment, then the owner will be held liable. The injured person’s own conduct is also measures.
Comparative Negligence Theory: The rule of comparative personal injury law negligence is followed in slip and fall cases. This theory holds the view that if the injured party contributes to the accident, regardless of whose fault it is, it will be taken into consideration. For instance if the person is busy with his or her mobile phone and not pay attention to warning signs then the injured person will be held comparatively negligent. The jury will decide the percentage of negligence.
If you want to file a slip and fall case then you should consult a local personal injury legal professional to determine whether the property owner is legally responsible for your injuries or not. Contact your lawyer right after your injuries.
How to Prove Fault in Slip and Fall Cases:
In each case of slip and fall both sides are studied for negligence attribution. The plaintiff needs to prove that the cause of the accident is the unsafe site and the owner was aware of that unsafe condition. He and she should have corrected it or warn others about this unsafe environment. For the plaintiff to win the personal injury case he or she must prove that the accident was caused due to the negligence of the property’s owner.
Workers Compensation for Slip and Fall Injuries at Job:
Workers compensation claims can be made for injuries while performing his or her duties at the workplace. One could never be disqualified from workers compensation benefits even if the they are somewhat guilty of negligence (providing it’s not fraud). You need to simply have been working in order to qualify for compensation. For example, if you slip and fall while at lunch or while traveling to or from work then you are improbable to achieve the benefits that you seek. The work related injuries are handled through your state’s workers compensation system. If a third party (e.g. company making a delivery) was responsible then you can claim that company.
We would like to thank the following law firms for their contributions for this wonderful and insightful article:
Cohen & Cohen Law Group, P.C. 104-70 Queens Blvd #312, Forest Hills, NY 11375 718-275-7779
Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333
Shulman & Hill Personal Injury Law Brooklyn 26 Court Street 21st Floor Brooklyn, NY 11242 718-852-4701
The three aforementioned firms took our their time to thoroughly explain the different legal aspects that were required to write this publication.