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SLIP
AND FALL LAWYER: PREMISES LIABILITY
A Slip
and Fall Lawyer practices in
an area of law known as Premises Liability. It is negligence law
which primarily focuses on the responsibility of the property owner,
or his "Duty Of Care".
Personal
Injury Lawyers they bring claims for injuries
suffered on the property of another due
to carelessness.
ELEMENTS OF PREMISES LIABILTY
A Slip
and Fall Lawyer for premises liabilty must prove the
following three elements to prevail:
- the
property owner created the hazard;
- knew
or should have known about the hazard;
- and
failed in their responsiblity to remove or repair.
A Premises
Liability Lawyer who has handled slip and fall cases in the past will be
able to prepare your
case most effectively.
Burden
of Proof - the injured party bringing the cause of
action has the burden of proof to establish when the hazard first appeared
and
that the property owner should have known. History
of Condition - it is critical to investigate and find
evidence to establish the history of the condition.
Preservation
of Evidence - A personal Injury lawyer will be important
in discovering and preserving evidence to establish the proof of the
case.
Slip and
fall accidents are the most common type of "premises liability" cases,
which center on the question of a property owner's duty to care for the property.When
someone is injured as a result of unsafe property or building conditions,
they have a right to make a claim for their damages against the owner of
the property.
Slip and
fall accidents can occur on commercial, residential or public property. Regardless
of where they happen, all property or building owners have a certain level
of responsibility (duty of care) to make sure an environment is safe.
TYPES OF CASES
Structural
Defects - structural damages to a building,
often due to age or wear and tear, can be a significant cause of
injury.
Uneven steps, parking lot potholes, cracked
sidewalks,
broken tiles, or torn carpeting can create dangerous situations for visitors
to a building.
Building Code Violations - A Negligence Lawyer can prove a case by violation of a statute.
Building owners must ensure that the building's structure is in compliance
with applicable
building codes. For example, handrails and other similar structures typically
must be installed at a certain general height. If you fall on a stairway
that lacked appropriate handrails, and the lack thereof caused your injuries,
you may have a valid claim against the building owner for violating building
codes.
Weather
Accidents - slip
and fall accidents are difficult cases for injured plaintiffs. Landowners
are generally expected to take reasonable steps to reduce hazards created
by adverse
weather. This can include, but is not limited to, shoveling snow, salting
or sanding icy and slippery spots, and installing anti-slip devices on outdoor
steps.
ENTRANTS ON PROPERTY
Invitees - there
are two versions of invitees
business visitor and one who
enters as a result of public
invitation.
The Business Visitor - includes those entrants on the
land that share some business purpose with the landowner. For example, an entrant
that is a prospective customer in a store is a business invitee.
All that is required is some prospective advantage to the landowner.
The duty
a landowner owes to a business visitor is to ensure the premises are free
of defects and safe for the public as a
whole.
The landowner also has
an absolute obligation to repair any dangerous conditions on the property
and to warn any business visitors of hidden defects
that have not been repaired.
TYPES
OF MONEY DAMAGE CLAIMS
A
Slip and Fall Lawyer brings professional
experience to calculate the full extent
of monetary damages. A Compensation
claim against another, however, is
based upon two facets that insurance
companies will use in evaluating your
claim: the issue of liability and the
calculation of damages. Damages generally
include current and future medical
expenses, property damage, pain and
suffering, current and future loss
of income, loss of enjoyment and in
certain cases, punitive damages.
A Slip
and Fall Lawyer will
provide you a Free
Consultation.
- They
accept no fee
until a money
recovery is
made for you.
All fees come
from successful
case settlements.
- The
client never
pays an expense
or fee unless
the case is
settled successfully.
- A
Personal Injury
Lawyer will visit
you at Home or
in the Hospital.
- They
will also initiate
an investigation
of your case
without
cost to you.
If
you or someone you know are injured, we can help.
Dedicated
to helping the injured... |