Premise Liability: When Can You Sue For A Slip And Fall Accident

If you were on another person's property and experienced an injury, it's essential to know what category that injury falls under and whether you can sue. Slip and fall accidents are under this term of premises liability, which are personal injury claims that indicate the at-fault party has to cover damages for any injuries incurred by the plaintiff. 

In the case of premises liability, the negligent party can be the landowner, property manager, or property owner. However, these cases can get quite complex in big cities where many entities are involved. Take Chicago, for instance; large cities like that have many places where people can get injured after a fall. It's best to consult a Chicago slip and fall attorney to assist you in proving your case so you can receive the compensation you deserve. 

What Is a Slip and Fall Accident?

You can encounter a slip-and-fall accident anywhere, such as a shopping mall, parking garage, hotel, restaurant, etc. You may have a claim if you slipped, fell, and hurt yourself while on someone's property.

Should you injure yourself because of a hazardous condition like a spill on the floor where there wasn't a sign or a broken floor tile that caused you to trip, seek legal consultation on how to proceed. 

Every incident won't require legal attention but civil court systems or insurance companies require evidence that neglect occurred on behalf of the property manager. 

How Can I Tell If I Should File a Slip and Fall Claim

As mentioned, you can file a premises liability claim if you fell because of hazardous conditions. The property owner has a responsibility to keep their premises suitable for customers. 

Here are a few ways that you can establish that the owner was negligent:

Lack of Safety

The primary theme of any slip and fall accident is that there was a property hazard that resulted in you slipping, falling, and requiring compensation for medical expenses. The law requires that a property owner keeps their premises at a reasonably safe level, though it doesn't have to be 100 percent secure. 

Examples of hazards include:

• Cracked sidewalk

• Wet floors

• Unmaintained premises

• Accumulated precipitation

• Debris on public sidewalks and walkways

• And more
  
  

The Property Owner Was Aware of That Safety Hazard

It is not right to blame a property owner for a safety hazard that they couldn't have known about reasonably. With that said, reasonable safety measures may be debated within your case. 

Additionally, your case can involve a property owner aware of the dangerous conditions but refusing to act.

Property Owner Neglected To Notify Visitors of the Hazard:

Property owners are responsible for making a reasonable effort to warn guests and customers that there's a hazard, and they must keep them safe reasonably.

If a home or business has poorly placed warnings or signs, this may amount to negligence on the part of the owner, who was aware of the dangerous conditions which led to your injuries.

How To Prove Negligence in a Premises Liability Case

The Federal Torts Claim Act and state laws outline the responsibilities of a property owner. A property owner is expected to maintain a property to reasonable safety standards.

Your attorney will have to prove several elements with a premises liability case, such as:

• The defendant occupied, owned, leased, or managed the property and was therefore responsible for the safety of the premises.

• The owner's negligence of the property directly led to hazardous conditions.

• You incurred damages and injuries as a result of the conditions. 

• Collect photos of the hazardous conditions, medical bills, witness statements, and other evidence.
  
  

Determine Whether You Can Sue for Compensation After a Slip and Fall Accident

In the event that you or a family member incurs injury due to negligence of a careless property owner, you may have a right to get compensation. However, the onus will be on you to prove that the property owner was at fault for your injuries or damages.

Remember that these kinds of cases can be challenging due to the nature and the burden of proof. Remember that you don't have to tackle these legalities alone; hire a premises liability lawyer today to help you evaluate your claim, collect evidence, and build a strong case.