Personal injury cases take many forms, but all come down to one very simple thing. Was the accident your fault, or was it the fault of someone else? We're not talking about cases of assault where there's a direct malicious attack on your person. Instead, we're talking about more indirect actions where someone's negligence ends up causing a situation that leads to accidents and injuries. Often, these cases involve an accident on someone else's property. That could be a privately owned property where visitors end up slipping and falling on the path outside. It could be a commercial building like an office where you trip in a hallway or a stairwell. Or, it could be a retail unit where shoppers end up slipping on a wet floor.
The natural instinct here is to blame the company, and where that's a legitimate accusation, claimants could gain compensation. However, there's also the potential that those making claims were more in the wrong than they let on. That's why we need to be more aware of the different ways property owners can be negligent in personal injury cases and when you might not have a case.
Common Examples Of Negligence In Slip And Fall Cases
Let's start with all the times an accident on someone else's property could be the property owner's fault. Most cases revolve around accidents and interior hazards. Business owners who don't stay on top of these issues could end up with a lawsuit sooner rather than later. Often, accidents happen due to hazards on the floor. Wet floors are always dangerous, whether it's from a leaking roof or a broken fridge. Wet floors without warning signs and cordons are a sign that either the management is too inattentive to notice or they couldn't be bothered to do anything about it.
Then there's uneven flooring, such as through broken tiles or old carpet. One mistake could result in serious falls and damage to limbs and joints. Property owners are at fault when they are aware of the problem and make no attempt to fix it. Additionally, it's too easy for workers in these commercial spaces and stores to create trip hazards on the floor. Examples include wires and power cables during maintenance, boxes and cages of stock in the aisles, or equipment left lying around. If customers are injured because the area was unattended during vital work, that puts the blame on the company.
Another interior area that leads to accidents is the stairwell. These should be perfectly safe places with adequate lighting, secure handrails, and even stairs. There should also be easy exit points on all floors. Companies can't have people falling in dark stairwells because no one fixed the light or replaced a broken rail.
Then, there are all of the exterior hazards. These are areas outside the building where visitors are still on company property. That could be the sidewalk, the accompanying parking lot, or any other communal area. Personal injury lawyers often deal with people who slip on frozen sidewalks because there isn't enough grit or a safe alternate route.
When Is The Property Owner Not Negligent?
Although there are many examples of cases where a slip and fall lawyer can build a case against property owners, it isn't always that black and white. Simply put, property owners are not necessarily liable in the above situations when they do their best to prevent accidents and victims are too careless.
Let's go back over some of the examples. Those who end up slipping on a wet floor or tripping on a surface after bypassing a cordon or warning sign only have themselves to blame. The same goes for those using the dark, unsafe stairwell even though there's a sign not to. Also, there are those who do not take care to walk on alternate routes or gritted paths when it's icy if they were provided. In the worst cases, you find people insisting there were no warning signs when there clearly were or making up trip hazards that weren't there. That's where evidence is crucial.
Proving Negligence With Solid Evidence
The first thing to do after an accident on someone else's property is to gather as much photographic evidence of the scene and circumstances as you can. Do it fast because property owners will quickly try to hide issues after an incident if they know a potential lawsuit is coming their way. A good starting point is photos of the surface on which you fell. Highlight the cracks, ice, or the lack of any warning signs. Photograph all the hazards and any other damning evidence about their practices. You'll also need photos of the injury in order to claim damages. From there, you can look at the accident books at the business - assuming they have one. You can also try and get video evidence from other people on the scene or from security cameras.
Once you have what you need, you can talk to a slip-and-fall lawyer to present your case. Experienced specialists in this area of personal injury have seen it all. They've advocated for people who've suffered from long-term health issues after these public falls and won them compensation. The right legal team can help you go over what happened and also ensure you're presenting the full extent of your pain and suffering for the best financial outcome.
See If You Have A Case With Slip-And-Fall Lawyers
The best thing to do if you're dealing with a personal injury is to talk to a professional. Even if there is potentially some blame on your side, there may still be a case to make because of the actions of the company. Talk to a lawyer about your case, show them the evidence you have, and see what they advise doing. If they don't take the case, you haven't lost anything and can simply go on healing up and maybe boycotting the business. If they do take the case, you could be in line for some significant compensation to cover your damages.
