How to Know if Your Slip and Fall Claim is Valid
Tripping and falling happen every now and then, but most of the time we just attribute it to being careless and not paying mind to what you’re doing. However, sometimes there are falls which are the property or maybe the owner, and in that case, you might have a valid slip and fall claim.
Here, we’ll go over whether or not your claim is valid, and some question to ask yourself before you start the claim.
Was the Property not Safe?
In order for the claim to be valid, the property must not be safe enough for a person to go on, or may be unsafe enough that the person does fall.
Some examples include:
- Snow and ice not shoved off to the side and accumulated
- Sidewalks that are damaged
- Debris
- Potholes and other hazards
This also needs to be caused by a landlord, either by them themselves, or they refused to fix the problem so it persisted.
While property owners aren’t obligated to make property safe, they must at least make it reasonably safety.
If for example after a storm the property owner doesn’t’ clear off the ice and snow that’s accumulated on the sidewalks, that’s an example of property that’s left unsafe. But if they did and it’s not totally clear, then your claim is not valid.
Does the Property Owner Know?
If the property owner doesn’t’ know about the property being in slipshod shape, then they aren’t responsible for dangerous activities that occur.
Property owners are allowed to fix problems within reason, for example. If someone falls immediately after something spills, the owner of the property isn’t responsible.
But if the owner knows about this and refuses to fix this, then you’ve got a property claim on your hands. if this does occur on a certain business’s property, then the business itself will need to be informed and have insight on this issue, and the owner must be aware of the conditions resulting in this fall.
You also should look at surveillance too, so that you know exactly how much time has passed before a property owner can be held liable for the dangerous instance.
Is there a Warning Sign?
If there is a warning sign, such as maybe letting people know that there’s ice or snow, or that construction is occurring on the sidewalk, then the owner is not held responsible.
If the sidewalk isn’t warned of the dangers, and there isn’t any signs saying this or maybe the area is taped off, then yes, your claim is valid.
In the same vein, if the store owner writes that they recently mopped so be careful of slippage, then they’re not responsible if you slip and fall, since there is signs posted.
Property owners and businesses are also not responsible for the claims if there is obvious signs that there are dangerous conditions.
For example, if there is construction and there is a large hole that’s right there, then you’re not supposed to fall into it. If you see that there is snow and a hill nearby has a sheet of ice, then it is your responsibility not to drive up or down it.
When pursuing a legal claim, you have to understand that there are a few things that will make your claim invalid, and while you can still pursue it with proper litigation, remember that the injuries that you have may not be covered by the owner, and instead, if there is the reason you’re engaging in negligence, you’re then responsible.