When you’re out to visit a friend, you’re heading to the store or just walking down the street, minding your own business, and a sudden and unexpected hazard causes you to get seriously hurt, you have the right to have your injuries covered. This is especially true if the hazard that caused your injury should’ve been taken care of by the property owner in question.
Slip and fall accidents account for a large portion of personal injury lawsuits. They fall under the overarching umbrella of premises liability. If you’ve been hurt in a case like this, you can be entitled to significant compensation, but only if you pursue it right. Learn how to tell if you have a premises liability case, and when to turn to an experienced and qualified slip and fall attorney for help receiving your settlement.
Negligence and Premises Liability
The vast majority of personal injury cases, including product liability cases, revolve around the idea that someone was behaving in a negligent manner. Negligence essentially means behaving in a grossly irresponsible manner or, conversely, failing to behave as a reasonable person would in a given situation.
To prove negligence in a lawsuit of this kind, there are three elements that you need to demonstrate in court. The first is that the defendant had a duty of care towards you, to provide a place for you to be that is reasonably safe from danger. The second is that by allowing a dangerous condition to persist, they violated that duty. The third is that you were injured either directly or proximately because of this exact dangerous condition.
When Dangers Aren’t Negligence
Not every hazard you encounter in a place is necessarily indicative of negligent behavior. In order to constitute negligence, the property owner, occupant, manager or other responsible party had to be aware of the issue and must have had time to address the problem. Addressing the problem, in addition, doesn’t necessarily mean fixing it. Appropriate warning signs can cover the issue.
Finally, if a situation exists that is so noticeable that any reasonable person could spot it and avoid it, negligence may not attach. For example, a gigantic pothole that can be easily seen for a hundred yards may not be negligence.
Why You Need a Slip and Fall Attorney
Insurance companies are never eager to pay out on big claims. They’re businesses and they don’t make money from paying out. That means they’ll try any number of tactics to avoid paying, including trying to make it look like the accident was your fault. When you’re fighting for compensation for your medical bills, pain and suffering, emotional damages and lost wages, you need experienced help.
The right slip and fall attorney can stand up for your rights, fight back against the insurance companies, and give you the best shot at significant compensation for your accident. The attorneys at the McMahan Law Firm have spent years helping people with premises liability claims, and we’re ready to talk with you. Give us a call today for a free case consult!