Slip and Fall Cases
Dallas Accident Attorney Nick Feizy From Feizy Law Office Discusses Slip and Fall Cases.
When a slip and fall accident occurs as a result of another individual’s or entity’s negligence, the injured person has legal rights to be compensated for his or her injuries by the responsible party. In a way this is similar to car accidents where the injured party has the right to be compensated by the driver at fault. Dallas accident attorney Nick Feizy from Feizy Law Office discusses slip and fall cases.
To be legally liable for a slip and fall case, at least one of these conditions must be met: One, the spill, tear, damage, or change in the surface of the floor should have been caused by the owner of the establishment, or one of its employees. Two, the owner or employees knew about the damage or spill in the premises but did not do anything to fix it. Three, even if the owner or employees claim to not know about the spill or damage in the premises resulting in the slip and fall it can be assumed that he or she should have known about it because a reasonable person taking care of the property would have discovered the damage and repaired it.
So how is reasonableness determined? In formulating a property owner’s reasonableness, the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. Some questions to ask to see whether a property owner may be liable for your slip and fall injuries would be as follows: Had the dangerous spot been there long enough that the owner should have known about it? What is the property owner’s procedure for examining and cleaning or repairing the premises? If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there? Furthermore, as Dallas personal injury attorney Nick Feizy points out, was the flooring uneven or not leveled properly? If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe? Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping such as a prominent sign of some sort? Was there poor lighting?
The above are some of the things to think about if one has experienced a slip and fall accident. This should be helpful in deciding whether or not one has a claim for injuries sustained as a result of a premises liability.
May 23, 2010