If an individual slips and falls in the premises of another individual's property, the owner maybe legally responsible for the injuries incurred during the accident.
A property owner may be liable when someone slips, trips, or falls on a slippery hallway, poorly constructed stairs, or a rough pavement, but there are also occasions when the owner is not accountable for the accident.
It is a normal occurrence for things to fall or drip which may cause an individual to slip, trip, or fall. A drainage cover is there for a specific purpose and may cause the surface to be uneven causing someone to fall. A property owner is not always at fault for someone slipping, tripping, or falling. Everyone is assumed to be responsible for their safety.
Legal cases and claims may turn when property owners have acted carefully making provisions so accidents will be prevented and when individuals who may have been injured are negligent to notice the warning of the possible danger.
A property owner may be considered legally answerable for a slip, trip, and fall accident if one of the following prerequisites is true:
• The owner of the property or an employee caused the spill, surface deformity, or other slippery material making a surface hazardous or any object which may be stepped upon can cause a slip or fall.
• The owner of the property or an employee is fully aware of the present danger but has not done anything to clear the property of the hazard.
• The owner of the property or an employee should have been aware of the dangerous surface since a responsible individual should have taken action to repair or remove the danger.
Determining what is Reasonable
Being reasonable, a property owner must have regular and systematic way to maintain the safety and sanitation of his property. Here are several things that an individual may take note to initially contemplate on filing for a claim due to a slip, trip and fall injury:
• Determine if there is a procedure to scan the property of possible dangers to other individuals and if there are methods in place to maintain or repair structures which may pose some dangers. Can a property owner prove the existence of such?
• If an individual steps on an object on the floor causing a fall, is there enough reason why the object must be there?
• If an object has no longer reason to be on the surface should the owner have removed or moved the object so that the surface will be safe?
• If there is a slippery area on the floor or a bulging carpet which may cause someone to slip, trip and fall, has it been there for quite a while so the owner must have learned about it?
• Check if the object which caused the injury could have been placed by the owner in a safer area or could have been placed more carefully to avoid accidents.
• If poor lighting is contributory to the accident.
Positive responses to the above questions may merit someone a strong reason for seeking remuneration considering his or her own negligence which may have contributed to the slip, trip, fall or accident.
An individual who may have been injured can work with Paul Dansker a personal injury lawyer in New York to discuss the process and chances of making claims. An individual may discuss with Mr. Paul Dansker the degree of his or her negligence, if present, and how it will affect the compensation.
With nearly four decades of personal injury experience and an impressive track record, it is no surprise that Mr. Dansker is the accident attorney that so many injured plaintiffs choose to represent them in their quest for justice. His commitment to treating every client like family to get the compensation that they deserve has earned his practice a far-reaching reputation for excellence.
Call him today (212) 732-2929
Or visit him at: http://paulddansker.blogspot.com/