Slip and fall accidents can happen anywhere — on sidewalks, staircases, railways, and floors of store premises. Poor maintenance and old equipment are often the reasons behind a slip and fall injury. Other conditions such as excessive clutter in a department store, old or torn carpets, and inadequate supervision in common passageways after heavy rains, snow, or ice, can also lead to slip and fall accidents.
If you or a family member is injured due to a slip and fall, you may be entitled to compensation.
Proving A Slip-and-Fall Injury
Slip and fall cases pose challenges for the injured party because the negligence of the party or entity owning or controlling the premises can be difficult to prove. Not everyone injured in a slip and fall accident may claim compensation. To pursue a claim successfully, an injured party must not have been negligent himself, or must not have contributed to the slip and fall.
Their injuries must not have been pre-existing or any claim for a slip and fall accident may fail.
At the Law Offices of Samuel I. Kane, we examine each case of slip and fall closely, particularly at the degree of negligence from the person or entity potentially responsible for the accident and of our client.
Property owners have a duty to keep their premises safe
When you visit a business or public building, you expect it to be safe. Building owners and business managers who invite either guests or members of the public onto their property have a legal duty to keep the premises safe and free from hidden hazards, such as a loose stair or puddle of liquid that a reasonably-cautious customer wouldn’t notice. Property owners must also regularly inspect the premises to look for any dangerous conditions that have developed throughout the course of the day. If a hazard exists on the property that the owner knew or should have known about, and that hazard causes a customer or visitor to become injured in a slip-and-fall accident, then the owner of the property may be held liable for the visitor’s injuries.
In some cases, a dangerous condition may arise suddenly, and a visitor could be injured before the property owner or manager has an opportunity to clean up or repair the hazard. For example, if a young child wanders off from their parent in a grocery store, knocks a bottle of juice off a shelf, and another customer slips in the puddle of juice before store staff could be notified, then it is unlikely that the store’s manager would be held liable for those injuries.
That said, store managers may attempt to argue that they did not have an opportunity to fix a dangerous condition before an injury occurred, when in fact they had more than enough time had they fulfilled their duty to regularly inspect the premises. At the Law Offices of Samuel L. Kane, we will thoroughly investigate your slip-and-fall claim as we prepare your personal injury lawsuit. Using all available evidence, such as eyewitness reports, inspection logs, and security camera footage, we can show how long the hazardous condition existed and whether or not the property owners had adequate time to fix it before you got hurt. Contact us today for a no-cost evaluation of your Las Cruces slip-and-fall claim.
What to Do When Injured in a Slip and Fall
As in any other case where someone suffers a physical injury, it is vital for an injured person to seek medical treatment immediately. After obtaining medical attention, you should be able to consult with a licensed attorney who can ensure that mandatory tort claim notices are timely filed.
Where the accident involves government-owned property, the injured party must file a notice of tort claim within a specified time in order to preserve the personal injury claim.
A licensed attorney can also determine the degree of negligence, the location of negligent occurrence, the person at fault, and other legal steps to preserve your claim for personal injury.
Rights of an Injured Person in a Local Grocery Store
A local grocery store has a duty of care to its customers to ensure a safe and hazard free environment for customers whose attention may not be on the walkway but on the store shelves as they shop for their needs.
Liability for Slip-and-Fall Accident in the Workplace
As a rule, anyone who suffers injury at work due to the negligence of the employer has the exclusive remedy of pursuing a Workman’s Compensation Claim. This rule has certain exceptions that a licensed attorney can assess based on the actual circumstances of a slip and fall accident.
Restaurant slip-and-fall accidents
Busy restaurants can be rife with opportunities for slipping injuries. Customers may spill drinks or drop food that can cause a slipping hazard that other customers may not see. Even when customers report these spills to management, staff members may ignore these messes in favor of other tasks, despite the threat they pose to unsuspecting customers. However, restaurant management and staff have a legal duty to keep restaurants safe and free from hazards, even when they’re busy.
Slip and Fall in Apartment Stairwell
The owner of an apartment complex has a legal duty to maintain a safe and hazard free environment, including the staircase, poolside, or anywhere in the apartment complex. If that duty of care is breached, you may be entitled to monetary compensation for your physical injuries, lost wages, and pain and suffering.
Liability for slip and fall on public and private sidewalks
Whether the sidewalk is publicly or privately owned, the duty of the owner to maintain a safe and hazard free walkway remains.
Liability for Slip and Fall in an Airport
When a slip and fall accident happens in an airport, it is important to determine the exact location of the accident in order to establish legal responsibility for the injury.
Special attention is required when the accident occurs on premises that are owned and/or controlled by a city, county, or state, which require timely filing of a notice of tort claim.
How Las Cruces slip and fall Attorneys at The Law Offices of Samuel I. Kane Can Help
Our law firm offers a free, no-obligation consultation in order to assess your situation and advise you on all legal options available in your case. We can sort through the legal issues in your case, provide an opinion on your rights and responsibilities, and the potential outcome of pursuing a civil claim for damages arising from your slip and fall. Call today to speak to slip and fall attorney Samuel I. Kane and for assistance with your claim (575) 526-5263.