Slip and Fall Accidents
Slip and fall accidents account for over one million emergency room visits and are the second most common cause of work place fatalities. Half of all slip and fall accidents occur inside the home and 24 percent occur in the yard or right around the outside of the house.
Slip and fall accidents can have serious consequences, but fault can be difficult to prove in court. If you believe you or someone you love was injured wrongfully due to a slip and fall accident, consider this advice for developing a case from the Atlanta personal injury attorneys at Kaplan and Lukowski, LLP.
Determining Liability for Slip and Fall Accidents
Because slip and fall cases can be very subjective, it is important to ask a few key questions to establish reasonableness and rule out carelessness. Generally, property owners should take care to keep their property clean and free of debris or danger, but this is not always the case.
If the property owner should have known about the dangerous condition because a “reasonable” person in their position would have known about the condition and fixed it, then a case can usually be established. In order to establish that the property owner should have removed or fixed what caused the accident, consider these questions:
How long has the defect (such as a wet floor, leaky ceiling or loose step) been present?
If it’s been present for a few weeks or a few months, as opposed to a few days, it may be reasonable that the owner should have fixed the issue.
Does the property owner keep the property in good condition?
You might have a case if there is clear evidence that the owner does not take proper care of the property, or that they are negligent in inspecting it.
If you tripped over an object, was it reasonable for the object to be there?
If a rake was left in the yard overnight next to a pile of leaves, it is reasonable for that object to be there. However, if home improvement supplies are left out for a long period of time, in an area where no home improvements are being made, this would not be considered reasonable.
Rule Out Carelessness
When trying to establish reasonableness, you also have to rule out personal carelessness. To make sure the slip and fall did not occur because of your own negligence, ask yourself these questions.
- Was there proper warning or caution?
- Was there legitimate reason for being on the property?
- Could you have avoided the slip and fall with proper and reasonable precautions (such as holding onto a railing or walking around the area)?
- Were you involved in any activity that contributed to the fall or aided in distraction (texting, talking on the phone, running on a wet surface, etc)?
Contact the Personal Injury Attorneys of Kaplan & Lukowski, LLP
If you feel your slip and fall accident was caused by the negligence of another party, contact Kaplan & Lukowski, LLP. Our Atlanta attorneys specialize in personal injury and medical malpractice cases, and over 40 years of combined legal experience.
Call 404-845-0012 or fill out our online contact form to schedule your free consultation.