Can I Sue for a Slip and Fall Accident on Commercial Property?
Slip and Fall Accident on Commercial Property
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If you have been injured on someone else’s property, then, in short, yes, you can sue for a slip and fall accident on a commercial property. But in order to win damages for you, your attorney is going to have to prove that the commercial property owner was negligent, and proving negligence in premises liability cases can be quite a challenge. A judge or jury will scrutinize the evidence to determine whether or not you were harmed while on a commercial property due to their failure to behave with the level of care that any other persons of rational prudence would have used under the same circumstances.
These cases can get complicated when working with the insurance company that the property owner has a premises liability policy with. Before talking to the insurance company, you will want to speak with a personal injury attorney who specializes in premises liability cases.
What is premises liability law?
Premises liability law holds property owners in landowners responsible for injuries that a person suffers on their property. Like most other types of personal injury cases, in order to win a premises liability case, the injured person must prove negligence that led to the injury. There are many different types of premises liability cases such as toxic fumes or chemicals, inadequate maintenance of premises, and escalator or elevator accidents. Some attorneys specialize in amusement park accidents or swimming pool accidents at businesses, such as hotels. You should ask the attorney that you are considering hiring for your case about their experience handling slip and fall cases, and winning the most compensation for their clients. To learn more about how a slip and fall lawyer can help you, click Jesse Minc Personal Injury Law.
What types of damages can I sue for?
Generally, you can collect for any damages that come with a price tag. For instance, you can collect for your medical bills, property damages, physical therapy, lost wages, etc. You may also be able to sue for pain and suffering. In some states, you can also collect punitive damages, depending on how negligent the property owner was in your incident.
Common Causes of Slip and Fall Accidents
According to premises liability law, business owners, property owners, or landlords are required to maintain safe and healthy property conditions. Accidents can happen anywhere and it is their duty to keep their property reasonably safe and to be reasonably aware of any safety concerns. They must get proper inspections done when necessary to prevent the following common causes of slip and falls:
- Snow or ice on sidewalks or parking lots
- Inadequate lighting
- Broken handrails
- Spilled liquids or food on the floor
- Loose electrical cables, cords, and wires
- Ripped, torn, or carpeting
- Cracks or defects in the pavement
Who is liable for my slip and fall accident? Who am I suing?
If awarded damages, you will not receive them directly from the business owner. Instead, your medical bills, lost wages, and other damages will be compensated by their insurance policy. Sometimes people are afraid to file their claim, in spite of medical bills piling up, because they don’t want to hurt a small business. But your damages need to be paid and can be through the business owner’s insurance policy.
Your personal injury attorney will develop the strongest case possible for you and present it to the insurance company with whom the commercial property owner has a premises liability policy. Using testimony from witnesses, expert witnesses, and other evidence such as the incident report, pictures, and medical records, your attorney will fight for you to have your medical expenses, lost wages, and pain and suffering compensated.
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