Personal injury caused by unsafe conditions is unpleasant, but can occur when a property or business owner fails to maintain cleanliness, safety, and clear markings of dangerous areas.
If you had permission to enter a property and were injured by poor care and maintenance of said property, you may have a viable personal injury suit on your hands. Many of the cases settle and do not even make it to court proceedings. To determine if your case could be settled to cover medical expenses, contact our Smithfield personal injury attorney today for a consultation.
Many factors have to be at play to determine that a slip and fall injury was legitimately caused by a third party, typically involving a business or property owner, though homeowners can sometimes be implicated as well.
Accidents happen, but unless it can be proven that the third party knew about a dangerous condition and did nothing about it, a lawsuit cannot be brought to bear. If neglect can be clearly demonstrated, however, you may be able to recuperate lost wages and seek coverage for medical expenses.
Our personal injury lawyer, Stephen Archambault, evaluates your case for presence of the following:
Negligence is defined by several circumstances in slip and fall cases: if the business or property owner knew something was wrong and expressly did not take action, they can be determined at fault. For example, a broken handrail on a set of stairs, or a damaged walkway that were noticed but went unrepaired for days or weeks are all signs of negligence. Other instances include failure to mark or cordon off known areas that are wet or slippery, failure to clean ice, snow and other debris from walkways and entryways; and obstacles placed in walkways that could cause spills, such as wires and cords.
Lack of preventive attention can be a factor as well. In maintaining a building, leaks and damage happen, but taking advanced action to preempt larger problems allows property owners to have these issues corrected before they prove risky. If the problem was caused by complete inattention to regular repair and maintenance, this is dangerous negligence that can imply fault in a slip and fall case. For homeowners, this may include failing to properly seal off pools and protect against accidental falls.
To ascertain whether you have a claim against a property or business owner, it’s important to be honest about your own level of responsibility for personal injury. Some accidents cannot be avoided, but we all have the duty, within reason, to be aware of our surroundings for our personal safety.
If you were injured after purposefully behaving in a way that could be determined as risky, such as jumping over something on someone’s property, damage to your person would not be grounds for a lawsuit. The same could be said if you tripped and fell over something that was intended to be there, such as a permanent fixture of a building that extended into a walkway or a grate that your shoe became lodged in.
If you’ve been injured after a fall on business, public, or government property, contact our defense attorneys immediately. Taking quick action in the event of a slip and fall accident is imperative to ensuring evidence is collected to support your claims. When you contact our defense attorney, we assist in gathering photo evidence and speaking to eyewitnesses who can support your claims.
Clients who think proactively after their accident and are able to take pictures on their smartphones of property conditions provide even more hard data for our firm to utilize in their defense. The longer you wait to take action, the more challenging it may be to prove your claim.
Seek our assistance for a successful defense to cover medical bills and lost wages after personal injury. We can clearly demonstrate willful negligence on the behalf of the other party that created the dangerous situation in which you were physically hurt. We even communicate with insurance representatives to save you the energy and hassle.