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Is there anything unique about a slip and fall accident that affects the recovery of damages?
Sometimes liability is not as clear-cut in a slip and fall injury as, say, in an auto accident. You will need to demonstrate that there was a dangerous or hazardous condition that caused or contributed to your fall. And you will need to show that the other party is responsible for it. For example, suppose the outside stairs in an apartment building accumulated mold over the years making them extremely slippery when wet. The landlord had been notified of this hazardous condition on several occasions, but never addressed it. Now a tenant uses the stairs during the rainy winter, loses her footing and takes a serious fall, breaking her hip. The owner of the apartment building has several legal responsibilities, one of which is to keep the stairs in safe and good condition so that tenants do not injure themselves. Furthermore the landlord was warned of the potentially dangerous condition—an accident waiting to happen. The defense, however, may argue that the tenant bears some of the responsibility for slipping and falling since the problem was known and a prudent and reasonable person would not be inattentive or careless when using steps during a deluge. Common sense, according to the defense, dictates that we have an obligation to watch where we are going.
This is a good example of why liability is not as clear cut in a slip and fall case as in an auto accident.
If you were injured due to a hazardous condition on someone else's property, you should seek the advice of an experienced personal injury lawyer right away. |
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