The Difficulty of Slip and Fall Cases
Falling, slipping, and tripping are major causes of injuries. These accidents can result in a minor bruise or strain to a serious fracture of an arm or leg. Even more serious is the possibility of a severe head injury. It does not take much trip a person or cause a person to fall. A sudden change in height of a smooth walking surface is frequently enough to do it. Falls and slips can also result from:
- Wet surfaces
- Loose carpeting
- Stairs of uneven rise
- Poor lighting
- Ice
- The presence of loose objects
- Unexpected dangers
The party responsible for preventing the injuries or compensating an injured person for the injuries often is the occupier of the premises where the dangerous condition existed. An occupier is not restricted only to the owner of the premises but also the tenant, the person in physical possession of the premises, or any other person having control of the premises or the activities being carried on there. In addition, the people charged with maintaining the premises owe a duty of care to the users of the property.
The basis of liability of an occupier can arise from a failure to:
- Inspect the premises
- Maintain
- Have a system of inspection in place
- Have a system of appropriate maintenance
- Warn of a hazardous situation or correct a known danger
Occupiers are not insurers who are required to compensate an injured party for any injury. They are, however, required to take reasonable precautions to protect individuals who are on the premises. This duty does not preclude individuals from taking steps to protect their own safety.
Success in slip and fall cases is commonly dependent on accurate identification of the reason for the fall. This can be done through eye witness testimony, pictures, or other documentary evidence. Preservation of the information is particularly important in cases where the cause might be temporary. This is true in cases where the cause of an injury was water on the floor or ice on a step.
Contact a Lake Geneva Personal Injury Lawyer
If you have been injured in a public place due to slipping or falling, contact the Lake Geneva slip and fall lawyers of Habush, Habush, & Rottier at 1-800-275-1729 today.