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Determining Liability in a Slip and Fall Accident



June 6th, 2017

Slip and fall

Although some of us may slip, trip or fall occasionally, some accidents can turn out to be more serious resulting in severe personal injuries. A personal injury lawsuit may be filed if the injury was caused by the negligence of someone else. Slip and fall accidents are a part of premises-related personal injuries and state law applies to cases such as these.

We have a responsibility to be aware of our surroundings and make every effort to avoid dangerous conditions when walking. At the same time, property owners are responsible for keeping the premises safe for pedestrians. If the property owner or the employee of the property has been negligent by not keeping their environment safe, even though he or she had the ability and knowledge to do so, or if you are not alerted to the danger facing you, you can file a personal injury lawsuit against the responsible party.

Slip and fall accidents can be caused by any sort of negligence or oversight on the part of the property owner. It can be a stumble, trip or twist because of an unsafe floor condition. There may be a direct cause such as uneven flooring, potholes, cracked sidewalks, spilled food or liquids, broken tiles or ice and snow. It may also have an indirect cause such as dim lighting, missing handrails, etc.

If you have been injured in a slip and fall accident on someone else’s property because of a dangerous condition, you and your lawyer will need to be able to demonstrate one of the following to receive compensation for your injury claim:

  • The property owner or the employee caused the dangerous surface condition.
  • The property owner or the employee knew about the hazardous surface condition and did not fix it or warn you about the danger.
  • Had the premises been maintained on a regular basis, the danger would have been discovered sooner and fixed.

Liability in slip and fall cases is often decided by common sense. Judges and juries determine whether the owner or employee of the property was conscientious by determining if the steps they took to keep the property safe were reasonable.

Dervishi Law Group, P.C.

If you or a loved one has suffered injuries in a slip and fall accident due to someone else’s negligence, you need a qualified personal injury attorney by your side. At Dervishi Law Group, P.C., our goal is to offer comfort in times of need and unyielding dedication to our clients and their families. Our qualified and experienced personal injury lawyers can help you deal with the insurance companies and secure compensation from the responsible parties. Call us at 917-300-0797 or 718-619-4525 or email us at fdervishi@dervishilaw.com

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