Slip and Fall
Slip and fall accidents can be quite serious and can cause serious physical problems for victims. Because of this fact, there exists a legal remedy for people who suffer injuries in slip and fall situations. Though some might view these situations as purely accidental, the law does not share that view. These accidents often happen because one person did not take the proper precautions. Because of this failure, someone is injured and a skilled attorney can make sure that the victim gets exactly what he or she deserves. These cases generally revolve around the idea of negligence, so that is an excellent place to start.
Negligence in slip and fall accidents
The law requires that each and every person act reasonably to keep others safe. The idea is that no person’s conduct should unnecessarily create danger for another person and if that danger manifests itself in a real injury, people should be held responsible. Negligence is defined using a reasonable person standard. That is, how would a reasonable person act in the circumstances? In terms of slip and fall accidents, the question of negligence generally has to do with what steps a person has failed to take in preventing the injury. This can manifest itself in something being left for too long on the floor of a business or perhaps a person failing to clean up a spill in his or her home.
A skilled lawyer will argue using that reasonable person standard. The idea on the plaintiff’s side is to show through a preponderance of the evidence that the other person had a duty to protect the plaintiff and failed that duty by not acting as the reasonable person would.
Business and homeowner duty in slip and fall accidents
Businesses have a special duty to maintain safe premises. When a business invites customers to come in and conduct commerce, it must also protect those customers from harm. Because a business makes money by bringing people in, the law requires something more of business owners. They have a duty to make sure that the premises are reasonably safe. This means taking measures to prevent slip and fall injuries. Though the law does not require a business to act in a super hero’s manner, it does require some diligence of each business owner. In most slip and falls, the question revolves around whether the business owner allowed some danger to remain on the floor for too long.
Homeowners also have a duty to protect their invited guests. The idea is that homeowners should warn guests of any known dangers and homeowners should not act recklessly toward visitors. For any person who has been injured in a slip and fall accident, the first step is identifying who was at fault and what duty they owed the victim.
Damages in slip and fall cases
These cases involve damage possibilities for people who have been injured. The jury in a tort case will typically determine both whether a person deserves damages and, if so, how much they will receive. A good attorney can help a victim recover for medical expenses, pain and suffering, lost wages, and much more. It simply depends upon the case, but the damages can be quite extensive in most slip and fall cases.