4 Elements Of A Slip-And-Fall Claim
When a slip-and-fall lawyer reviews a client's case, they look for a handful of features that are needed to get compensation. Here are four elements of a typical slip-and-fall claim that you should consider when asking whether you have a case.
Hazardous Conditions
One of the first things a slip-and-fall attorney will look at is whether there was some sort of hazardous condition present in the moments before an incident. Such conditions may include snow or ice on a surface, wet floors, holes, or debris lying around.
Dangerous surfaces fall under this heading, too. For example, a floor can be waxed to the point it becomes a hazard. Permanently slippery surfaces are automatically considered hazards, especially if no mitigation efforts, such as putting down anti-skid pads, were made.
Prior Notice
Generally, the party responsible for the location must also have had some way to know about the hazardous conditions. If a snowstorm occurs, for example, it's hard to hold a party liable for not cleaning up an entryway as the snow is still falling. On the flip side, letting the snow go for hours after the last snowflake has dropped is quite another issue.
Similarly, any condition the responsible party created is considered notified. For example, when a store clerk starts mopping the floor, they're supposed to know this can create a hazard. That's why you'll see stores where "wet floor" signs are set up after spills are cleaned.
Reasonable Care
The victim in an incident also has to take reasonable care to avoid injury in situations where hazards are obvious. For example, if there is a mound of dirt next to a hole, a reasonable person should surmise that the mound indicates a hazard even if they can't see the hole. In other words, you can't walk right into an obvious hazard.
Notably, this isn't the case with less obvious hazards. No one expects you to take reasonable care to avoid a wet spot caused by a leaking ceiling at a store, for example, if there are no precautionary signs up.
An Injury
Finally, you have to have experienced an injury that required medical care. If you fall and end up with nothing more than a bruise on your butt, that's not the basis of a claim. Conversely, a sprained wrist, concussion, or broken bone would likely call for medical attention. If injured, you should seek medical attention immediately to avoid claims of failure to treat.
To learn more, contact a slip-and-fall attorney in your area.
