Let’s admit it. Some folks are more clumsy than others. We all have embarrassed ourselves whenever we have slipped or tripped and fallen down. It is usually our own fault for not being careful enough or not paying attention. However, a slip-and-fall accident may occur because of a hazardous condition of one sort or another on someone else’s property.
How Can You Win a Personal Injury Claim?
Determining whether or not another person or company is legally responsible for your pain and suffering from a slip-and-fall accident is not always a slammed dunk. But in some cases, owners of private or commercial property can definitely be held liable. So, how do you know if you have a valid personal injury claim?
Was There an Unsafe Condition on the Property?
Unsafe conditions are what make a claim more believable and must have been the cause of the fall. Examples of unsafe conditions are as follows:
- accumulation of snow and ice
- wet and slippery floors
- a badly damaged sidewalk
Also, the landowner must have caused the unsafe condition or allowed it to persist without doing anything to correct it. Of course, no property owner can keep their property “perfectly safe” but is required to keep it “reasonably safe.” For instance, if a bad storm or weather condition has just taken place, the property owner may not have had adequate time to check the property and to take care of any dangerous conditions.
Did the Property Owner Have Any Warnings Presented?
If a property owner is aware of a dangerous condition, a warning of some type should be present if he or she has not had the opportunity to rectify the situation. This could be in the form of a sign like ”Wet Floors,” “Danger – Watch Your Step,” “Caution – Loose Gravel,” or “Be Aware – Uneven Surface.” These warnings let people know that if an injury occurs, they themselves are likely responsible for any accidents regarding the property’s areas labeled with warnings.
Did the Property Owner Have Notice?
Dangerous conditions can pop up unbeknown to the property owner. He or she will not be responsible in that situation. If the condition for the slip-and-fall accident takes place and causes an immediate injury to someone, the owner is entitled to a reasonable amount of time to discover the dangerous condition. For example, if a child in a grocery store drops some grapes on the floor and a person suddenly slips and falls on the grapes, the grocery store owner will probably not be liable for injuries resulting from the fall.
Is a Claim or Lawsuit Worth It?
Before making a claim or filing a lawsuit, it is worth considering whether the injury is worth the hassle. If the injury is a bruised knee or a slightly sprained ankle, it may not be worth it. However, if the injury is a broken arm or injured spine, it is probably worth making a claim or filing a lawsuit.
What Should I do?
If you were injured from a fall on someone else’s property and you believe you may have a valid claim, your best course of action is to contact a lawyer who specializes in slip and fall cases. Cesar Ornelas is that experienced lawyer. He knows the local laws that may apply and can personally assess your situation to determine if your claim is valid and recompensation is possible.
Ornelas Law Firm offers a FREE CONSULTATION on the initial visit. At that time, information will be gathered resulting in a decision on how to go forward with your case. You will be informed on every step of the legal process and on your chances of winning a lawsuit. Call Ornelas Law Firm today toll-free at 855-827-2892 or 210-981-4890. There will be a form you can fill out and submit that will prompt a quick response from their office. Cesar Ornelas and his team are ready to work for you to help you get what you deserve. Let them show you what they can do for you today.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.