Tuesday, May 25, 2010

Slip and Fall Lawyer Cases and How They may be Prevented

Slip and Fall Lawyer cases can often be prevented. These types of accidents are often preventable and have the potential for serious harm when they do occur. Slip and fall accidents happen when you least expect them. These types of accidents happen so fast you often are on the floor or ground before you realize what happened. Slip and fall accidents can happen anywhere and if you are not paying attention in a strange place the potential is even greater. You should always consult a slip and fall lawyer if you have a slip and fall accident with injuries.

Slip and fall accidents in public places such as a supermarket, usually are noticed quickly and help may be available immediately. If you have a slip and fall accident in a public garage or parking lot, it may be some period of time before you are found. These situations are potentially more dangerous because of the time before you are able to receive medical attention.

As citizens it is our responsibility to try and avoid any situation that cause us harm. Icy patches on streets and in parking lots should be avoided at all times. We should always wear proper apparel including shoes for the conditions we are in. We should not wear shoes that prone to slip and slide. We should not wear clothing that might cause us to trip or stumble. Never wear spiked heels for example on rough concrete or asphalt. When we are not careful we can be a contributing cause of the accident. Never try to walk in unlit areas at night. Avoid wet pavement and floors and just use common sense. We can avoid accidents if we are aware and careful.

Slip and fall accidents are not always the fault of someone else. Most states have premise liability laws that make the property owner responsible for keeping their property safe from known hazards. This does not mean if you slip and fall on a patch of ice in a parking lot immediately after a winter storm the owner is at fault. In most situations you must show that the property owner knew of the dangerous situation and did not respond to remove or mitigate the danger. The dangerous situation must be a willful act not to try and protect those using the premise. If a supermarket floor is being mopped and they put wet floor signs in the area being mopped they usually are not held responsible if there is a slip and fall accident.

Some state laws do not hold property owners responsible for accidents occurring to anyone that is trespassing on private property. A trespasser in this case would be anyone that has not been invited.

Wednesday, April 28, 2010

Slip and Fall Injuries: Who is at Fault?

Slip and Fall injuries are not always easy to determine who is at fault. Many thousands sustain injuries each year in slip and fall accidents. Slip and Fall accidents occur on public streets, public parking lots, business parking lots, stores of all descriptions and at private homes. Slip and Fall accidents may be the fault of the property owner or they may not be liable depending on the circumstances.

As people often say, things just happen. Surfaces get slick due to things dripping on them or a surface gets rough over time. The surface may settle and cause a condition that is not ideal. A property owner can not always be held responsible for accidents a normal person should see or avoid. People are normally expected to see or avoid obvious obstructions or conditions that are not ideal. People have an obligation to watch where they are stepping.

Property owners are responsible for unsafe conditions if they are aware of them and are required in most localities to put up warning signs advising of unsafe conditions until they can be corrected. An example would be a warning sign advising of a wet floor if the floor is being mopped. They may not be responsible if wet floor signs are properly placed and you slip and fall in the properly posted area. Slip and Fall accidents can be deemed the fault of the victim in many cases.

Slip and Fall Lawyer Information

Slip and Fall Lawyer Info site is designed to help you understand your rights and responsibilities should you have a Slip and Fall accident. A Slip and Fall Lawyer is a professional, specializing in Slip and Fall accident cases. Slip and Fall Lawyers are knowledgeable about the laws relating to these types of accident cases and the litigation procedures of these cases in a Court of Law.

Some Slip and Fall accident cases can be presented in Small Claims Courts in some jurisdictions. Most Slip and Fall accident cases have to be litigated in Civil Courts that handle these types of cases. It is always advisable to have legal representation in any court proceeding.

Slip and Fall accident cases are not usually easily won in court. This is because it is not always easy to prove a property owner or operator owes you compensation for an accident occurring on their premises. Most often you will need to prove there was an unsafe condition on their property that caused you to sustain the injury. It may even be necessary to prove the property owner or operator caused the unsafe condition, or knew of the unsafe condition and did nothing to correct them.

If you choose to hire a Slip and Fall Lawyer for your accident case, you should request a written agreement designating who is responsible for each cost and payment before you hire them. Most Slip and Fall Lawyers that specialize in slip and fall accident cases, will work on a contingency basis. This means they will represent you for a percentage of the final damages recovered from the insurance company or property owner. If you don't win the case, you won't have to pay them anything. Always have a written agreement stipulating how all fees and costs will be billed and who is responsible for each cost. Make certain you understand the agreement before signing it. Most states limit contingency fees to 25% - 40% of the damage award. If the Slip and Fall Lawyer you are considering hiring is not clear about all the cost involved, and who is responsible for each one, then you should find another Slip and Fall Lawyer to represent you.

If you have a slip and fall accident at work you may be required by law to make your claim through your employer's worker's compensation company. Always report any on the job injury immediately. Do not wait until the next day to report a work related accident under any circumstance. Worker's compensation cases should be handled by competent legal counsel. There are attorneys that specialize in worker's compensation law.

Some of the things that are helpful and may be required to prove your slip and fall accident case are listed below.

    * Clear photographs of the accident scene and what caused your accident.
    * Witnesses that were present when the accident occurred and witnesses that were aware of the condition that caused the accident.
    * An accident report, if there is one, from the business where the accident occurred. At the very least, you will need someone that can verify you reported the accident and who it was reported to.
    * You will need to prove you sustained an injury and the value of the damages. Things such as medical costs, a medical report describing the extent of your injury, lost wages etc.
    * If you have had a previous accident of this type in the past, you will need to make this information available as well.

All of the above listed items will make it easier for a Slip and Fall Lawyer to make an informed decision about your probability of recovering damages due to your accident. If your case is litigated, there may be other expert witnesses brought in to evaluate the cause of your accident etc.

Laws vary from state to state in regards to who is responsible for hazardous conditions that can cause a slip and fall accident. Always consult legal counsel for specific advice on how you should proceed if are injured in any accident.