Accidents such as slips and falls can occur anytime, anywhere, and the outcomes differ significantly based on the location of the incident, even if both sites are under the same ownership. The reason? Each state has its own set of laws, causing these claims to be processed differently.
Role of a Premises Liability Attorney
Got injured in an accident? A premises liability lawyer could be your best bet to fight for your deserved compensation. A slip and fall incident generally occurs when someone’s negligence leads to another person’s injury. This could range from minor scrapes or sprains to severe conditions like broken bones.
Some of the most common causes include wet or uneven surfaces due to water leaks, cleaning chemicals, unshoveled snow, food or grease residue, spilled drinks, or sidewalk cracks. But it doesn’t stop there; there are countless other potential causes.
A slip and fall claim is basically a personal injury claim made when an individual gets hurt in such an accident. These claims can be made against whoever is in charge of the premises’ safety – the property owner, a business, or some other party. These accidents tend to happen most often in high foot traffic areas like restaurants.
What Constitutes a Slip and Fall Claim?
Numerous factors come into play when an accident occurs in a restaurant. For instance, if the owner knowingly ignored a hazardous situation, the victim might be eligible for punitive damages. However, if the owner was unaware of the danger, the victim could only receive compensatory damages.
If you slip and fall in a restaurant due to the restaurant’s negligence, such as a wet floor without a warning sign, it’s likely their responsibility. However, if you tripped over something you spilled, it might be challenging to make a claim.
In case you get hurt in a shopping mall, make sure to seek immediate medical help. Once your health is secured, you can contemplate filing a claim. But to succeed, you must prove the mall’s negligence, such as a persistent spill despite a warning sign. The compensation you receive will be proportionate to your injury severity and recovery duration.
Grocery stores are another common site for slip and fall accidents due to their size and the number of people they cater to. If such an accident happens to you, you can file a claim against the store. However, your compensation might be lower than in a restaurant as grocery stores usually have insurance covering these accidents.
Even parking lots can pose a significant risk, especially if they are poorly lit or icy. If you get injured in a parking lot, seek medical help first. Then, determine the property owner. If it’s a private lot, you can file a claim against the business owner, but for public lots, the claim would be against the municipality.
The owner of the premises might be held accountable for your injuries if you slip and fall on their property. But there are exceptions, such as restaurants, due to their common carrier status. These businesses, including buses, trains, and taxis, transport people or goods and hence have a unique legal status.
Nobody anticipates a slip and fall while dining out or strolling on a sidewalk. But should you find yourself in such an unfortunate event due to damp floors, slippery spills, or other reasons, you might not be as ready as you believe. The crucial factor would be where the accident happened and if the establishment carries insurance to cover your accident-related expenses, which might exceed your expectations.