Slip and fall accidents can happen almost anywhere, from a grocery store to a neighbor’s driveway. While some falls are simply accidents with no one at fault, others happen because a property owner failed to keep their premises reasonably safe. Understanding how these claims work can help you determine whether you may have a valid case. A Charleston, WV personal injury lawyer can help determine whether a property owner’s negligence contributed to your slip and fall and whether you may have grounds for a claim.
The Legal Basis for Slip and Fall Claims
Slip and fall cases generally fall under an area of law known as premises liability. Property owners have a duty to keep their property reasonably safe for visitors and to warn of hazards that are not obvious. When a property owner fails to meet this duty and someone is injured as a result, the owner may be held liable.
What You Need to Prove
To succeed in a slip and fall claim, you generally need to show a few key things. First, that a hazardous condition existed on the property. Second, that the property owner knew or should have known about the hazard. Third, that the owner failed to fix the hazard or provide adequate warning within a reasonable amount of time. Finally, that this failure caused your injury.
The “should have known” standard is important. Property owners cannot always claim ignorance of a hazard if a reasonable inspection of the property would have revealed the problem.
Common Causes of Slip and Fall Accidents
Some of the most common hazards that lead to slip and fall accidents include wet or recently mopped floors without warning signs, uneven flooring or broken pavement, poor lighting, loose rugs or mats, cluttered walkways, and icy or snow covered surfaces that were not properly treated.
Comparative Fault in Slip and Fall Cases
In many slip and fall cases, the property owner or their insurance company will argue that the injured person was partly responsible for the fall, perhaps by not watching where they were walking or by ignoring a posted warning sign. Many states allow compensation to be reduced based on the injured person’s share of fault, rather than barring recovery altogether. This makes it important to gather strong evidence supporting how the accident actually happened.
Evidence That Can Help Your Claim
If you are able to safely do so after a fall, take photos of the hazard that caused your accident, including the surrounding area. Note the time and date, and ask if there are any security cameras nearby that may have captured the incident. Get contact information for any witnesses. Report the fall to the property owner or manager and request a written incident report.
Common Injuries From Falls
Slip and fall accidents can cause a wide range of injuries, from bruises and sprains to more serious harm such as fractures, head injuries, and spinal cord damage. Older adults are particularly vulnerable to serious injury from falls, including hip fractures that can require extensive treatment and rehabilitation.
The Bottom Line
Not every fall results in a valid legal claim, but when a property owner’s negligence causes an injury, victims may be entitled to compensation for their medical expenses and other losses. If you have been injured in a fall, documenting the scene and seeking prompt medical care are important first steps in protecting your rights. If you have been injured in a fall, contact Hayhurst Law PLLC to discuss your situation and learn whether you may have a claim for compensation.
