We are often asked by people who, for example, fell and suffered an injury at supermarket, a convenience store, an apartment complex or a personal residence, if they are entitled to file a claim for their injuries. While there is no simple answer, there are certain things we consider when evaluating a potential slip and fall claim.
Generally, in order to be successful with a slip and fall case, an injured person must establish:
● the premises was not reasonably safe;
● the owner of the property or its representative was negligent by not keeping the premises in a reasonably safe condition; and
● the owner of the property or its representative’s negligence in allowing the unsafe condition to exist was a substantial factor in causing an injury.
The bottom line is that property owners must maintain their premises in a reasonably safe condition.
Slip and fall cases are caused by many factors, however the most common types of cases occur because a property owner allowed some type of liquid or ice to accumulate on their property or failed to fix a defect on the property.
The absence of a handrail, the accumulation of ice or liquid, broken steps or even poor lighting are a few examples of conditions that may furnish a basis of liability if such conditions cause a person to fall and suffer an injury.
There are special rules associated with a slip and fall cases including time limitations for filing a claim. Additionally, in any negligence case and particularly in a slip and fall case, contacting a lawyer as soon as possible after the fall is very important, so an investigation as to the cause of your fall can begin.
LaMarche Safranko Law has successfully represented many individuals who have been injured in slip and fall cases. Recent settlements include a $105,000 recovery for an injured person who fell on ice at a convenience store and a $120,000 settlement for a woman who fell at an apartment complex.
Whether it’s the aisle of a supermarket, the parking lot of a store, the walkway of the gas station or the steps at a residence, property owners are obligated to take care of their property. If they don’t, and a person is injured, the law allows for compensation for injuries suffered.
If you have been injured in a fall, call LaMarche Safranko Law to inquire if you are entitled to compensation for your injuries and lost time from work.