Slip and falls are one of the most common kinds of premises liability cases in America. Despite how they’re presented in movies and television, the truth is that slip and falls are not only common but dangerous. In fact, the CDC estimates nearly 50% of all brain injury hospitalizations are the direct result of a fall.
And yet, while slip and falls are common, demonstrating that they are a case of negligence and helping victims pursue justice is an entirely different story. With that in mind, let’s look at what circumstances allow victims to sue for a slip and fall.
The Elements of Premises Liability
In order to pursue justice, you and your attorney will need to demonstrate certain criteria leading up to the injury. In premises liability cases, there are certain “elements” to prove. These are:
- There was a hazardous condition on a property
This hazard is the source of the injury and could be a variety of things, including wet floors, unmanaged snow and ice, an unsafe hanging object, exposed wiring, or anything else that could cause an injury.
- The property owner (or their employees) caused the hazard, knew about the hazard or reasonably should have known about the hazard
To claim a case of premises liability, the injured person needs to demonstrate that the property owner - or their employees - were aware of the hazard (or should have been aware of it) and that they failed to take action to address the issue. In this case, reporting a hazard can demonstrate that staff knew there was a problem.
- The plaintiff suffered an injury on the property because of the hazardous condition
This simply means that you need to demonstrate you were hurt and suffered losses as a direct result of the unmitigated hazard.
Holding Landlords Accountable
Demonstrating that a property owner was aware of a hazard (or should have been aware of it) can be difficult and often requires a full investigation that may include reviewing internal documents, and interviewing staff.
This process is extremely difficult, especially when you’re recovering from an injury. For that reason, it’s wise for anyone who has experienced a slip and fall to consult an experienced premises liability attorney as soon as possible.
If you were been injured on someone else’s property, we can help. To discuss your case with an experienced Auburn Hills personal injury attorney from Bashore Green Law Group, please call us at (248) 487-1887 or send us an email.