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Photo of Attorneys David F. Fessler and Timothy E. Schneider and Joseph F. Grimme
Photo of attorneys David F. Fessler, Joseph F. Grimme and Timothy E. Schneider

Requirements for a valid slip and fall case

On Behalf of | May 29, 2020 | Uncategorized

Kentucky residents may be familiar with the phrase “slip and fall,” which is used to describe any incident where a person slips, trips or falls on another person’s property. This kind of accident can lead to a specific type of personal injury case called a premises liability case. Below is an overview of how a slip and fall case is established.

Such a case depends on the existence of a dangerous condition that the owner should have reasonably known about. Dangerous conditions range from cracked or ice-covered sidewalks to wet floors with no warning signs around them. They also include poorly lit stairwells; loose railings; and trip hazards, like torn carpeting and loose cables.

The conditions that owners should reasonably know about must be addressed within a feasible amount of time. If owners had less than a day to address defective stairs, for example, then it can be a bit of a stretch to pursue a premises liability case. Another requirement is that the victims themselves show that they were lawful entrants and were using the property in a reasonably safe manner.

Slip and fall cases usually involve commercial properties, like restaurants and retail stores. However, premises liability law can apply to rented residential properties, such as landlords being held responsible for their tenants’ injuries, and with special rules attached, government properties.

Pursuing a personal injury case alone is usually not a good idea, so those who think they have grounds for a slip and fall claim may want to consult with an attorney. A lawyer may bring in third parties to gather evidence of the property owner’s negligence, which could include eyewitness testimony and surveillance camera footage. Medical experts may determine the extent of the victim’s injuries. An attorney may then strive for a fair settlement out of court through negotiations.