All property owners, including the owners of private property, are required to maintain safe walkways. If a person slips and injures him or herself while on some one else’s premises, the property owner may be responsible for some portion of the victim’s medical expenses.
A private property owner is not automatically liable for all slip and fall accident injuries. In general, a slip and fall attorney will attempt to prove four things in order to win a premises liability lawsuit:
- A slip and fall attorney must show that a dangerous or unsafe condition existed on the property. This condition may be caused by weather, accidental spills, insufficient maintenance or a host of other factors.
- The owner of the property must be aware of the condition or should reasonably have been aware of the condition. For permanent factors such as broken or damaged sidewalks, proving owner knowledge is relatively straightforward. If the condition is temporary, such as a spill, proving liability can become more complicated.
- The victim of a slip and fall accident must have suffered an injury. The nature and extent of the injury is substantiated through medical records, statements and other health records.
- The injury can be shown to have been caused by the unsafe or hazardous footing present at the property at the time of the accident
The compensation for a slip and fall accident on private property may be reduced if the defense can show that the accident was at least partially the fault of the accident victim. Thus, if a slip and fall lawsuit results in 80 percent of the blame being assigned to the victim, the amount of compensation awarded to the victim will be reduced by 80 percent.
Have you been injured in a slip and fall accident that took place on private property? You may be able to recover the costs of your injury. James O. Cunningham is a slip and fall attorney with over 30 years experience representing the interests of slip and fall accident victims. Please contact the Law Offices of James O. Cunningham, P.A. today and set up a consultation about your case.