A slip and fall case is a legal matter that involves a person falling as the result of someone else’s negligence. A slip and fall case is generally handled by a personal injury lawyer.
In many cases, a person who has fallen down has suffered serious injuries. In addition, they may also be unable to work, and may be suffering from limited mobility.
A slip and fall case is generally a fairly straight forward matter, but there are two very important parts of it. This involves having a lawyer show that someone else’s negligence resulted in the injury, and that the responsible party should have fixed the problem.
How a Lawyer will Demonstrate Negligence
The vast majority of slip and fall cases occur in a place where government regulations require a person to be responsible for the place that the fall occurred. This includes places like:
• Department stores
• Apartment complexes
• Sidewalks in front of residential buildings
In these locations, the person who was responsible to make sure that the area was free of slipping hazards is at fault. A lawyer will collect evidence of the slipping hazard by taking pictures of the area. A lawyer may also collect statements to show that the area had something spilled on the floor.
In the case of residential areas, a lawyer will demonstrate that the hazard was in a place that a passerby would be likely to go. This oftentimes involves having snow and ice on a sidewalk. A lawyer may also show that a residence contained slippery floors. This can include wet floors, or floors that are made out of concrete that has not been textured.
How a Lawyer will Demonstrate Knowledge of the Fall Hazard
The second thing a lawyer needs to demonstrate is that the responsible person knew of the hazard, or that they should have known of the hazard. One method of doing this showing that the hazard was persistent. This is usually done if the fall was the result of damaged rain gutters, lack of mats on floors, or chronically slippery floors.
A lawyer may also show that the responsible person knew of the matter. A lawyer may do this by showing that the responsible person had received complaints about the matter in the past. A lawyer will also try to see if anyone can show that the responsible party was informed of the matter before the fall.
A lawyer may also simply show that the fall hazard had existed for a lengthy period of time, and that the responsible party should have fixed the problem by then.
A slip and fall case will oftentimes require the assistance of a lawyer to settle the matter. Any person who was injured as the result of hazardous conditions should consider if someone was responsible for the matter.