Three Factors To Help You Determine The Strength Of Your Slip And Fall Claim

If you slip, fall and get injured at a store, then you should expect some form of compensation if your injury was caused by the storeowner's negligence. Slip and fall cases aren't always straightforward, but you can use these three factors to gauge the strength of your claim:

How Long the Dangerous Condition Existed

You should not only know what caused you to slip and fall, but also how long the condition existed. This will help you to determine whether it was a true accident or a negligent act of another person. For example, if a store owner lets the snow sit on his or her sidewalk for a whole day, then he or she is negligent in his or her duty to remove the snow. However, if the snow fell overnight, and you are injured very early in the morning, it may not be considered negligence because the store's owner may not have had time to remove the snow.

The Reason for the Existence of the Condition

You also have to consider why the condition existed in the first place. Was there a legitimate reason for it? For example, if a torn carpet caused your fall, then why was it torn? If the carpet was torn because it was worn out, then that is probably negligent. However, if the tear was caused by a repair crew that was working in the store, then it may be a legitimate condition.

Safety Measures Taken

It is not just enough for the store owner to have a legitimate reason for the dangerous condition, he or she should also have put measures in place to limit potential injuries to other people. For example, there should have been:

  • A warning such as "Watch Out, Work in Progress," "Slippery Floor," or "Be Aware of Torn Carpets" depending on the nature of the dangerous condition
  • Barriers to limit or prevent access to the damaged area of the floor
  • Adequate lighting to prevent you from (accidentally) stumbling onto the dangerous area

As you can expect, the store owner will not just take your arguments at face value and agree to pay your claim. You should expect lots of denial and defenses meant to reject or limit your recovery. Expect arguments in hard-to-prove issues such as the existence of adequate lighting, proper warning and similar things. This is why it's advisable to take pictures or videos of your scene of injury. You can later use the documentary evidence to prove your claims.

For more information, work with an experienced lawyer from a firm like Burgess, Harrell, Mancuso, Colton, La Porta & Shea


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