Saturday, August 25, 2007

Slip and fall, a premise liability issue

When we talk of slip and fall accidents, premise liability will always be an issue. That is, the reason for most personal injuries that resulted from slip and fall were actually due to the neglect of the property owners or managers to ensure the safety of their visitors or patrons. Hence, if you happen to have incurred an injury because of falling in a slippery stairway or floor, you may consult your lawyer and file a case against the owner of the establishment.

Meanwhile, before you expect positive results on your case, you must first establish these three facts before the court or the property owner’s insurance company:

  • The property owner has been neglectful in providing safe condition on their premises that caused the occurrence of the accident.
  • The property owner is aware of the condition but did not implement anything to fix the problem
  • The property owner should have known the possible risks, their visitors are facing because of such condition but failed to exercise steps that a “reasonable” person should have undertaken to prevent the accident

However, premise liability cases, like in any other types of personal injury litigation, are bounded by the statute of limitations. Thus, appropriate legal actions should be done immediately after the incident. Further delays in filing a claim will definitely jeopardize the merits of your case. In addition, the necessary evidences that may only be found in the area of the accident may be unavailable.

Finally, slip and fall accidents may be avoided if fitting precautionary measures are done by both the property owners and the clients. But if you suffer any injuries from an unsafe premise, you just have to defend your rights and file your claim case in order to obtain justice.