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Keys to Winning a Slip and Fall Injury Case

Slip and fall injuries can occur anytime, anywhere. That’s why the law requires property managers and owners to maintain a hazard-free environment for any patrons or tenants.

Where Slip and Fall Accidents Happen Most Often

Unfortunately, accidents do happen, including slip and fall involving:

  • Railways
  • Staircases
  • Sidewalks
  • Floors in commercial or residential premises

Generally, slip and fall injuries come down to some degree of negligence on behalf of the property owner or manager. However, proving negligence in personal injury cases can be complex. Even in cases where an injury occurred, the victim may not always be eligible to receive compensation.

In order to have a successful personal injury claim, the injured individual will need to prove that the property owner or manager was the negligent party and that they themselves did not contribute to the injury-causing accident.

Chick-Fil-A Example

Recently, Georgia’s Court of Appeals announced an opinion that provided further insight on the factors necessary to win a slip and fall injury case:

  • Prove the proprietor or owner being sued knew or should have known about the hazard
  • Ensure the injured party’s testimony does not contradict an earlier deposition

In announcing the decision, the court ruled against an injured party, determining that her case failed to meet those two core criteria. The woman had suffered a back injury after slipping and falling on the water in a ladies’ room at a Chick-fil-A restaurant.

According to the court’s decision, a property owner or proprietor is not necessarily liable for slip and fall injury even if the injured party can provide proof that a fall occurred. The court ruled that a plaintiff must show that the owner or proprietor had actual or constructive knowledge of the injury-causing hazard.

Have you or someone you know suffered personal injury as a result of a slip and fall incident? If so, it is in your best interest to contact a Las Cruces personal injury attorney as soon as possible. Only a Las Cruces premises liability attorney specializing in this area of law can assess your injury and current state laws to determine the best legal strategy.

The Personal Injury Attorneys at the Law Office of Samuel I. Kane

That’s where the highly skilled legal team at The Law Office of Samuel I. Kane comes in. Our Law firm specializes in representing clients dealing with a wide variety of Personal injury matters, including those who have been injured as a result of slip and fall. We can help sort through the legal issues surrounding your case and recommend a course of action for a civil claim and the full recovery of damages.

Do not delay – our attorneys are standing by, prepared to help you and your case today. To schedule your free initial consultation with a member of our legal team, contact at the Law Office of Samuel I. Kane at 575-541-3004.

Related Links:

Man Seeking Damages after Icy Slip-and-Fall at Best Buy
Jury Awards $1.5 Million to Woman Injured in Grocery Cart Slip-and-Fall Accident
Top Three Las Cruces Personal Injury Mistakes
When to Call a Personal Injury Attorney
New Mexico Supreme Court Rules on Personal Injury Statute of Limitations