Understanding Slip and Fall Accidents and Liability
Slip and fall accidents are very common, according to one of the best personal injury lawyer Las Vegas residents trust. A neighbor misses a patch of ice on their sidewalk leading to a fall or someone spills a bottle of detergent in the grocery store aisle. When the slip and fall is caused due to negligence or carelessness of someone else, they may be liable for your injuries. It can be difficult to prove liability in a slip and fall. You must be able to prove who was liable, that their negligence caused your injury and that an injury did occur.
Types of Slip and Fall Injuries
A Las Vegas injury law firm says there are several types of slip and fall injuries that can be attributed to liability. A pothole or uneven walking surface on a property that has been there for some time that results in a slip and fall injury could mean the property owner is liable. The property owner could also be liable if a hazardous substance, such as a patch of ice, is left in an area where people will need to travel.
Proving Negligence and Liability
When discussing slip and fall accidents, the word reasonable is often used. In order for someone to be considered negligent, they must have failed to act as a reasonably prudent person would under the same circumstances. Some of the questions that must be answered include whether the person responsible had a policy of routinely checking for hazards and if there was a log that could be checked after the accident. The courts will also want to know if there was justification for creating a hazard and if that hazard could have been made less dangerous by either relocating it, providing warning signs, or preventing access.
The person responsible for the injury must have been aware of the hazard, or the hazard existed long enough that the owner should have known about it. For instance, if a water bottle was spilled in a grocery store aisle just before you turned the corner and slipped on it, the grocery store likely will not be found negligent as they wouldn’t have had enough time to address the spill. Learn more about why slip and fall accident claims are challenging to prove.
Injured Responsibility
In some states, if you were at all responsible for your injury, you may not be able to collect damages, or you may receive a reduced settlement based on what percentage you were at fault. For instance, if you were talking on your cell phone and stepped into a pothole, even though the pothole actually caused your injury, you could be found partially or completely at fault for not paying attention. If there were warning signs posted that you ignored, or if you were in an area you should not have been, your settlement could be reduced. For more insights, check out what to do if you are injured at work due to a slip and fall.
If you have been injured in a slip and fall accident, you should discuss your case with an attorney. You can schedule a no-obligation appointment with the best personal injury lawyer Las Vegas by completing the easy form online, give us a call or send an email to learn more.