Slip and fall accidents happen every day, often resulting in injury. Accidents do sometimes occur without anyone being at fault, but in many instances, someone’s negligence caused the accident. If this is the case, a slip and fall attorney can help you determine if you should take legal action, and if so, against whom.

Proving Your Slip and Fall Case

In a slip and fall case, the property owner and/or their employee may have caused your injury either by their action or inaction. For example, a store owner may have caused your accident if he or she failed to have a spill mopped up in a reasonable period of time, causing the premises to be unsafe. Or perhaps he or she created a hazard by leaving something in the aisles that caused you to slip and fall. Either way, you’ll need to prove that a reasonable person would have recognized the hazard, and that they had the opportunity to remedy the situation.

Ultimately, property owners are responsible for taking reasonable steps to ensure that their property is safe. However, you’re also expected to exercise reasonable care. For example, if you didn’t notice a spill or other hazard because you were texting on your cell phone, you may bear at least partial responsibility for your accident. In just a few states, this means you can’t collect any damages, but in most states, you can still receive some compensation.

Elements to Consider

A slip and fall attorney can help you look at the following elements to consider whether you should take legal action:

The length of time the hazard existed

If you slipped on a spill in a grocery store, for example, had it just occurred? Or had it been left for hours without any attempt to check the aisles? Had managers and employees seen the spill but neglected to mop it up?

Did the hazard exist for a legitimate reason?

Sometimes a property owner or employee must have items out in order to do their jobs. For example, did you slip and fall because of a worker that was making a necessary repair, or was a wrench left out after the repair was already complete?

Were signs posted and visible?

Could you reasonably be expected to see and be able to avoid the hazard? For example, was the lighting adequate enough for you to be able to see the hazard in time to avoid it? Were signs posted in full view to alert you of the hazard?

Is the Property Regularly Inspected?

Does a landlord routinely inspect apartment grounds, for example, or does he or she neglect the property and remain unaware of possible hazards? Are log books kept to prove that the property is inspected at regular intervals?

You’ll also need to be able to prove damages from your slip and fall. If you simply fell and suffered no injury, you won’t be able to recover damages. Some slips and falls, however, may cause injuries that result in medical bills, lost wages, and pain and suffering.

When to Contact an Injury Attorney for Slip and Falls

If you’ve suffered this type of injury, contact a slip and fall attorney to discuss the merits of taking legal action against the property owner. The owner has an obligation to take reasonable steps to ensure that the premises are safe, and if they failed to do that, you may be able to recover damages.