For some individuals, a slip and fall accident results in nothing more than a bruised ego, but for others, such an accident can cause serious and life-altering injuries. If you fall into the latter camp, you may wish to pursue a slip and fall injury claim. If you do, you should educate yourself on the elements of a successful slip and fall injury claim.
According to FindLaw, there is no exact way to determine if a property owner or occupier is responsible for your slip and fall injuries. Every case is unique and ultimately depends on whether or not the owner or occupier was careful to prevent such accidents. Your case also depends on your own level of care and the type of property on which you sustained your injury.
One of the first elements you must establish in your slip and fall case is whether the property owner or occupier know of the dangerous condition that caused your accident or should have known about the condition. A “dangerous condition” is one that poses an unreasonable threat to the safety of any persons on the property and that the injured party could not have expected given the particular situation.
To prove that the owner knew of the condition or should have known of the condition, you must show one of three things. The first is that the owner or possessor created the condition. The second that the owner or possessor knew of the condition but failed to fix it. The third is that the condition existed for such a length of time than any reasonable person would have known about it and fixed it.
Who you can sue for slip and fall damages depends on the type of property on which you sustain your injuries. For instance, if you fall on a commercial property, you may hold the owner or possessor liable. If you sustain injuries on a rental property, you may be able to sue the landlord if the landlord had control over the condition and fixing it would not have been unreasonably costly or difficult.
You should not use this article as legal advice. It is for informational purposes only.