It can happen to just about anyone at any time. You’re just out for a good time, or headed to the store, or going about your daily business. Suddenly, you find yourself on the ground, sometimes with a serious injury. The accident was caused by a dangerous condition that you didn’t see, that you weren’t warned about, and that should have already been fixed.
These accidents are premises liability accidents, and if the property owner, resident or business manager can be proven negligent, you may be in line with significant compensation for your injuries. You’ll need to be able to prove it, however. Discover how to tell if you have a premises liability case based on your fall, how to prove your accident, and why a slip and fall lawyer is your best bet.
The first thing you need to understand is that every slip and fall case revolves around the concept of negligence, that your injury was caused by someone else’s gross irresponsibility. Negligence essentially covers three elements. First, the property owner has a duty of care to keep their property reasonably safe from dangerous conditions. This duty extends to any tenants occupying the property, or businesses that make use of it.
The second factor is that by allowing a dangerous condition to remain in place, the property owner has violated that duty. Finally, you must prove that you were injured by that specific danger. If you can establish these three factors, you may have a case for premises liability.
When Unsafe Is Not Negligent
Not every unsafe condition counts as negligence. To qualify as negligent, you must be able to demonstrate that the responsible party either knew about the danger or should have known about the danger, and has had plenty of time to address the issue.
Unsafe conditions can range to encompass a variety of things, from potholes or loose concrete to snow and ice build-ups, to slippery spills on floors, to debris left around, to falling objects, to loose carpet or nails sticking up from floorboards. If the condition just occurred and the person responsible for maintaining it isn’t aware of it or hasn’t had time to address the issue, they may not be negligent.
However, if there has been time and opportunity to address the issue, be it through cleanup, repair or proper warning signage, then negligence might attach. If for example, you fall during an ice storm, that may not be negligence. If the ice has been there for three days, however, it probably should’ve been cleared away.
Calling a Slip and Fall Lawyer
If you’ve been hurt in a fall, you may be eligible to receive compensation for medical bills, lost wages and future earnings, loss of consortium, pain and suffering and more. These cases, however, can be tricky and complex, and to have the best chance at collecting, you’ll need help from a qualified slip and fall lawyer. If you’re in South Carolina and need help with your slip and fall case, the attorneys at Harris and Graves can help. Give us a call for a free consultation about your case today.