What is a Slip and Fall Case?
If you have been injured in a slip and fall accident, you’re likely to want some compensation for any injuries you’ve suffered as a result. But how do you know if you have a good case? Here are some things to consider.
Slip and fall cases usually involve an accident caused by an unsafe condition that was either created or allowed to continue by a person that had those premises under their control.
In order to succeed in your claim for compensation, you would need to show that the other party that had the premises under their control owed you a duty of care. You would also need to show that the duty of care was breached and this is what led to your injury.
The duty of care
In order to succeed in your personal injury case or insurance claim, you would need to show that the injury you suffered was the fault of the premises owner or occupier. To do this, you need to show that they owed you a duty of care and breached that duty.
Generally, every owner or occupier of premises owes visitors to those premises a duty of care. They have a duty to ensure that the premises are reasonably safe. They also have a duty to recognize and defuse any dangerous situation on the premises that can reasonably lead to harm.
If the dangerous situation was created or caused by the premises owner or occupier, then they are said to have breached the duty they owe you. An example of this breach is leaving a wet floor in a public place without hazard signs or leaving an oil slick on an aisle. These actions can lead to conditions that could cause someone to slip and fall.
Damage caused by the breach
Once there is a duty of care and a breach of that duty, you must show that your injury was caused by the breach. To succeed in showing this, it is necessary that the injury must not have been too remote from the breach. There has to be a cause and effect relationship.
The breach must have directly caused your injury and if it is not exactly direct, it must be close enough to qualify. Generally, if you slipped, fell and twisted your knee or ankle, then the injury would be considered direct.
You need to be careful though because it is possible that you could also be found to be at fault. You can be considered partly at fault for the accident if you did something that contributed to the injury as well. If the court finds that you are partly at fault, then it would hold that there is contributory negligence. The usual result of this is that the possible compensation you could receive from the suit will be reduced by the percentage at which you are at fault.
For instance, if you were walking without looking when you fell or if there were hazard signs but you ignored them, you could be held to be partially at fault. If you were also in an area you had no access to, you could also be held to be at fault.
These tips are intended to provide a brief overview. Slip and fall cases can be quite complex. If you were injured, it’s very important for you to get in touch with a personal injury attorney right away. We will listen critically to your story and help you determine if you have a case. Here at Zagoria Law, we have helped individuals all over the metros Atlanta recover millions of dollars in compensation for their medical bills and pain and suffering. If you have any questions about your situation, call our office today to set an appointment with one of our personal injury experts.
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About Zagoria Law
Zagoria Law is an Atlanta-based personal injury law firm dedicated to providing unyielding representation to its clients. Founder David Zagoria has more than 20 years of experience as a prosecutor and trial attorney litigating injury cases in State and Federal Courts throughout Georgia. Honored as a Georgia Super Lawyer, Zagoria’s focus on personal injury cases, specifically dog bites and serious injury-premises liability cases, ensures unparalleled service and dedication from the very beginning of clients’ cases until the end. For more information, please visit http://www.lawzagoria.com.
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