Over the course of their lives, just about everyone will experience a slip and fall of some kind. A person may slip when heading in the tub and having wet tiles in the bathroom. Falls can happen anywhere. In most cases, the person who fell gets right back up. Most slips and falls are quick and do have lasting consequences. People are often responsible for the issues that led to the slip and fall in the first place. However, the slip and fall may happen because of factors that are out of the person’s control. For example, the person may have slipped on fallen on a city block that was sticking up out of the ground. They may have fallen while visiting a hospital as someone was mopping the floors and failed to warn the person the floors were slippery. Under these circumstances, the person may have a potential legal recourse.
A Liability Claim
The person who has experienced a slip and fall can file for a liability claim. The liability is when the person asks a third party to step in and offer them financial compensation for any problems they have suffered as a result of the slip and fail. Liability claims are common and intended to offer the public a recourse for an injury that was not their fault. Anyone who is planning this course of action should keep in mind certain factors before they decide if the consult with Springfield slip and fall accident lawyers.
Those who choose this course of legal action are typically asked to prove certain specific legal consequences. The property owner should have recognized and obvious issue with the property but failed to remedy it. For example, if the homeowner has a sidewalk in front of their house and they did not maintain it properly, they can be sued if some is injured while walking a dog in front of their home. In this case, the law demands that any reasonable person would have seen this issue and recognized that it was hazardous. The law does not require the homeowners to anticipate every possible outcome and move to prevent it. The person must also have had a reasonable opportunity to remedy the situation in a timely manner. They may not be held liable if there wasn’t adequate time to fix the issue so that it did not pose a hazard.
People and companies can also be held liable for slips and falls on their properties if they were actually the ones responsible for the conditions in the first place. For example, they left an obstacle in a path where people do lots of walking and then later forgot to remove it. It should have been obvious that their failure to remove it may have created the potential for someone to get injured. In all instances where a slip and fall accident claim is legally at stake, the property owner is asked to act in a reasonably prudent way. If they did not, then the defendant may have a legal claim for compensation fiscal compensation from that party because their actions results in a form of damage.
Factors Under Consideration
A lawyer may ask certain questions before deciding to take on the case. One issue is how long the hazard has been in place before the case happened. If a branch falls down immediately and someone stumbled because of it, the plaintiff may still have a case for compensation. The lawyer may also consider if there are previous instances of the defendant failing to act in a timely manner to prevent accidents. If they have been sued for violations and found liable, this can further built a case that the company or person is deliberately failing to protect the public from harm.
Lawyers may also the company to illustrate what steps were taken to protect the public and if there’s a record of them. Large corporations may have policies and procedures in place that need to be followed in order to avoid such problems for the public when on their property. Local company officials may have failed to follow such procedures despite the fact that they agreed to do as part of their job. The lawyer may also choose to visit the site in person to see what led to this fall and if such conditions are still in place. All of these actions can indicate there is a potential for a case to go forward to the court system.