Slip-and-fall accidents can result in serious injuries. If you were recently injured on someone else’s property because of a hazard, you might be entitled to compensation. If you’re unsure, here are a couple of the most common myths about slip-and-fall lawsuits.
You Cannot Recover Damages if the Defendant Was Unaware
If there was a spill in a grocery store and a shopper alerted an employee or manager and later you slipped and fell on the spill, it is a clear-cut case. The store is responsible for your injuries. What happens if the employees or manager didn’t know about the spill? The defendant’s culpability depends on whether he or she should have known about it.
If there was no way for anyone else to know about the spill before you fell, then the store may not be at fault. However, say that there is a leak in the roof and while it’s raining, water gathers in an aisle and causes you to slip. In this situation, the owner and employees didn’t know there was a puddle, but you could argue that they should have known.
To prove liability when the defendant didn’t know about the hazard, you have to prove that he or she should have been aware. In the above scenario, the store owner should have been aware of a leaky roof and should have fixed it to avoid an accident. To prove that someone knew about a hazard, you can take witness testimony, look at security footage and research the cleanup and maintenance procedures.
You Cannot Recover Damages if You Had Some Fault
Many states use comparative fault theory. For example, if you were running through a store and slipped on an unmarked hazard, then you may still be able to file a lawsuit against the owner of the store. In this instance, you are partially at fault because you were recklessly running through a store. However, you would not have fallen if it had not been for the spot on the floor. As long as the defendant is partially responsible, you can seek compensation. In this case, you would take your percentage of fault and subtract the cost to figure out your settlement price.
If you were in a slip-and-fall accident and suffered serious injuries, you may be eligible to receive compensation. To find out how to prove your case, you may need the help of an experienced personal injury lawyer. Set up an appointment to assess your case as soon as possible.
