When Do You Have a Slip and Fall Claim?
The CDC estimates that each year, up to 3 million elderly people are treated for fall injuries. According to the National Safety Council, over 34,000 people die after falls in the workplace or at home. While many people assume that a slip and fall accident isn’t that serious, these sobering statistics show that falling can be incredibly dangerous, and may present heightened risks for children and seniors.
After you’ve sustained a serious fall injury, you may be entitled to receive compensation from the property owner or landlord who failed to provide you with fair warning. Of course, there are some instances where you won’t be able to file a personal injury claim, as the property owner may not be liable to cover the costs of your expenses.
At Habbas & Associates, our seasoned injury attorneys are here to help you determine whether you have a case. Experienced at sorting through the details of any accident, our team will get to the bottom of your slip and fall – and find out if someone was responsible for your debilitating injuries.
When Is a Property Owner Liable for Injuries?
Falls can happen for any number of reasons, and not all of them occur because of a serious safety hazard on the property. In order to prove that someone was liable for your slip and fall, you will need to show that there was an existing unsafe condition on the property, and that the property owner or manager knew about the hazard before you fell.
This isn’t always as straightforward as it sounds. For example, when proving an unsafe condition on the property, you can’t simply point to a patch of wet floor and say that a property owner should have mopped it up: You have to demonstrate that the wet patch would have been hazardous for anyone who happened to walk across that particular area. After all, a property owner only has to ensure that their premises are reasonably safe for the average person – not that all hazards are completely cleared.
Some examples of an unsafe condition can include:
- Broken or defective stairs
- A front walkway covered in snow and ice
- Trash and debris covering the common areas
- Potholes, major cracks in the road, or hidden curbs
- Faulty staircase barriers
In order to prove that the property owner had a responsibility to fix an unsafe condition, you will also need to show that they had a chance to resolve the issue. After a serious flood, for instance, debris and water might cover the property, and render it extremely unsafe for visitors. However, you would not necessarily be able to bring a slip and fall claim, as the property owner may not have had a chance to assess the damages yet.
Pursuing Your Slip and Fall Claim in San Jose
Even if you can show that a property owner did know about an unsafe condition and failed to fix it in a reasonable amount of time, that still may not be enough to make your claim successful. But if a property owner left an obvious hazard on their property without issuing any warning, you are entitled to bring forward a personal injury lawsuit and claim fair compensation for your losses.
From head traumas to bone fractures, you may be facing any number of life-altering injuries in the wake of a serious fall. At Habbas & Associates, we can help you identify who was responsible for your injuries and then hold the right party accountable in a court of law.
Need to discuss a slip and fall case with an attorney? Call (888) 387-4053 today for a free consultation.