When a “Slip and Fall” Personal Injury Claim Makes Sense
During the journey through life, we are all prone to fall from time to time. The threat first emerges during early childhood and never ceases throughout the course of a lifetime.
But even though we, as humans, are clumsy by nature, not all falls are created equal. While we are personally responsible for injuries sustained from many falls, in some cases another individual should bear the blame, and we should be compensated accordingly.
“Slip and fall” (also known as “trip and fall”) is a personal injury situation that arises when a person slips, trips or falls. When injuries suffered from this incident are due to the perceived negligence of a property owner in allowing some dangerous condition to exist that prompted the fall, then the filing of a personal injury claim — with the help of your lawyer, Taubman Law — is warranted.
In the unfortunate occurrence of a slip and fall that results in injury, how can you determine whether the mishap originated from a property owner’s negligence or from your own carelessness? Did I slip on the banana peel because the property owner neglected to clean it up or because I did not practice proper care to notice it?
In order for a property owner to be deemed legally responsible, one of these statements must be true:
* The slippery/dangerous surface or condition was caused by the owner of the premise or by one of that owner’s employees.
* The presence of the dangerous condition was known by the premise owner, but that individual failed to take action to remedy the situation.
* The presence of the dangerous condition should been known by the owner because a “reasonable” person would have discovered it and had it fixed or removed.
Many factors come into play in determining whether a property owner was “reasonable” in his assessment of a dangerous surface or condition. These include the possible existence of a maintenance record, the duration of time the dangerous condition existed and whether there was a legitimate reason for a hazardous object to be present, among other factors.
Ultimately, there’s a fair amount of gray area when it comes to personal injury cases that arise from “slip and fall” scenarios, though it’s not uncommon for the injured party to be entitled to monetary compensation through a settlement or judgment.
At Taubman Law it’s our job to examine the ins and outs of your personal injury situation to determine whether a claim is appropriate and, if so, how to maximize your compensation from that claim.We have settled hundreds of these type of cases and always our clients’ best interests are at the heart of everything we do.
This post was written by Cleveland attorney Bruce D. Taubman, who practices workers’ compensation, personal injury and medical malpractice throughout Ohio.