Blooming Grove Slip and Fall Lawyer: Slip and Fall Claims
A personal injury claim against a property owner for dangerous property conditions is called a premises liability claim. Examples of premises liability claims include slip, trip and fall accident claims are. Our Blooming Grove slip and fall lawyers have extensive legal experience in a broad range of premises liability claims, including the following types of claims:
• Falls at commercial establishments such as stores or restaurants
• Falls at nursing homes and hospitals
• Falls at residences
• Falls at apartment complexes
• Falls on wet or slippery surfaces, including ice and snow
• Falls on defective walkways or concrete
• Falls on rugs or mats
• Falls on stairs
• Falls involving defective doors
• Falls from collapsing porches or decks
Elements of a slip and fall case
Your personal injury lawyer will tell you that the outcome of your slip and fall lawsuit hinges mostly on whether you can prove the negligence of the other party. Without that, you will have a severely weakened case. Here are the elements that you have to prove in order to establish negligence.
A slip and fall lawsuit is a legal action to recover damages for injuries caused the negligence of another party’s. The victim must establish the following three elements:
• That he or she was the victim of the opposing party’s wrongful acts, or negligence;
• That there was an actual hazard that caused the victim’s injury; and
• Opposing party had notice of the hazardous condition and a duty to correct or prevent the hazardous condition.
These three elements are the building blocks for every premises liability case. An Blooming Grove slip and fall lawyer will tell you that proof of each element determines the success of the lawsuit.
The victim of the slip and fall accident is often the only witness to the accident. To win at a possible trial, the victim must be a credible witness. An experienced Blooming Grove slip and fall lawyer will go over each detail of the slip and fall accident with the victim to make sure that the victim’s credibility will not cause the jury to question the victim’s truthfulness.
Usually, a key factor in a victim’s fall is some condition or physical feature. It can be simple as a wet supermarket floor or as complex as a small difference in the riser height of a stairway. A trained Blooming Grove slip and fall lawyer will carefully consider all of the mechanics of the victim’s fall to find the hazard needed to prove the opposing party’s negligence.
If there is no obvious hazard to explain why the victim fell, then it may be necessary for your Blooming Grove slip and fall lawyer to look at other possible causes for the fall that are not associated with the property. These causes may include:
• The state of repair and the style of the victim’s shoes;
• The victim’s mental state and age at the time of the accident;
• The victim’s manner of walking and gait;
• The victim’s physical disabilities or impairments, if applicable; and
• Any possible intervening events that possibly caused the victim’s fall.
We will work to find the chain of events that led to your injury and present your claim in the most flattering manner possible. Call us today to schedule a free consultation to discuss your slip and fall case.