If there is a dangerous condition on someone’s property and you are injured as a result, you can take legal action by suing the property owner. However, civil court systems and insurance companies require evidence showing the property owner or store owner was negligent and failed to keep their premises safe. You can establish the property owner’s negligence by proving the following.
Existence of a hazardous condition
Property owners are legally required to properly maintain their premises. The property owner is obligated to keep invitees and visitors safe, and they should not ignore this responsibility. Examples of hazardous conditions on premises include cracked sidewalks, wet floors, unmaintained structures, accumulated precipitation, and debris on public walkways.
The owner knew about the unsafe condition
You can prove the property owner was negligent if they were either aware of the hazard or should have been aware of the hazard and did not resolve it. Property owners should maintain reasonable safety measures on their premises. It’s their job to make sure that their environment is safe. If they fail to do so, they are liable for any damages that come from it. One of those damages is a person possibly getting hurt in a slip-and-fall accident. That person can seek legal action against the property manager.
The property owner did not put proper warning signage
Property owners must try to warn visitors about hazardous conditions in their premises and keep them safe from the hazard. Therefore, if a property owner fails to erect a sign that advises visitors on the premises about risks in the area, they may be labeled negligent. Moreover, if the property owner knows about the hazard but poorly places warnings or signs in areas that cannot be easily seen, they may be labeled negligent.
Moreover, to win your case, you need to have evidence that satisfies the legal elements of negligence. The elements of negligence include the duty of care that the property manager owes you, the violation of their duty, the cause of the accident and your bodily injuries, and the losses you incurred because of the incident.
What Damages Can I recover?
You can get legal compensation for a slip and fall accident and recover damages. You must keep track of all the details of the specific accident. Sometimes things happen, but other times it can be more serious. Understanding what you can recover can help you know your rights. If you suffered damages from something that wasn’t your fault, you deserve to be compensated accordingly.
Medical expenses
You may incur bills for hospitalization, mobility aids, ambulance ride, pain relievers, diagnostic exams, and follow-up appointments. These bills might come out of your pocket or insurance. Either way, the healing process can be lengthy, and it’s best to be covered. It’s best to keep track of your medical records during this time. They will have accurate descriptions and details that can be used to build a solid case.
Income losses
Sometimes, you may stop working due to injuries. In this case, you can recover compensation for lost wages like salary, promotions, bonuses, commissions or tips, business opportunities, and hourly pay. In addition, if you cannot return to your job permanently, you may have to accept a lower-paying job than your previous one. In this case, you can also recover damages for lost earning potential.
Pain and suffering
Common injuries in tripping incidents include traumatic brain injury, head injuries, and arm fractures. These injuries are usually excruciating and hinder you from doing your daily duties or living a normal life. These injuries would not have happened if someone had done their job correctly. Your attorney should also include this inconvenience or discomfort in your lawsuit or claim. If the accident was not your fault, you deserve legal compensation.
Conclusion
You could receive legal compensation if your incident were caused by a negligent property owner who failed to rectify or remove a hazard in their premises. You can sue the property owner and recover damages. A skilled slip-and-fall lawyer will help you with every step of the case. They understand your rights and will ensure that you get the justice you deserve. They will fight for you and keep you covered.
