Can You File A Lawsuit For A Trip-And-Fall Accident?

Did you have an accident on someone's property that resulted in an injury? If so, you're likely wondering if you're able to file a lawsuit and receive compensation for what happened to you. Here is what you need to know about slip-and-fall accidents to figure out if you're able to sue for damages.

Did The Property Owner Reasonably Maintain Their Property?

The first thing you want to ask yourself is whether the property owner maintained the property in a reasonable way that could have prevented the injury. Injury lawyers see this all the time with sidewalks that cause a someone to trip and fall, especially when they are on the property of a business. As the property owner, they have a responsibility to ensure that the sidewalk is safe for their customers to prevent these accidents. 

Very uneven concrete with cracks is quite different from two concrete slabs that are slightly different elevations. While the former happens due to neglect and not maintaining their sidewalks, the latter can happen from concrete shifting slightly over time. You'll be less likely to receive compensation if it looks like the property owner did a good job at maintaining their sidewalk.

Are There Laws That Will Help Justify A Claim?

Be aware that each state has its own laws in regard to these cases and what would make the property owner responsible in an injury case. For example, there are laws for how large a crack has to be, with very specific measurements for the size of a crack that can justify a lawsuit. There can also be rules stating that trivial defects on a person's property are fine as long as they do not create a dangerous condition. 

Do You Know Who To Sue For Damages?

Sometimes the entity that you need to sue can make a big difference in a personal injury case. For example, a trip and fall on city property may leave you in a position with no one to sue, since the city will often have immunity to these types of cases. If the trip and fall happened on private property, you would be able to sue the property owner and receive compensation for your damages. 

Did You Wait To Sue?

Be aware that there are statutes of limitations that prevent people from being sued long after an injury happened. Those time limits are even shorter when it is the local government that is responsible. Make sure that you file your lawsuit soon after an injury happens so that it qualifies under the time limits. 

To learn more, contact a law firm like the Nelson Fromer & Crocco Law Offices.



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About Me

Injured? The Law Is on Your Side Someone else does something silly. You get hurt and incur thousands of dollars' worth of medical bills, and you're also forced to take a month off from work. It doesn't really sound fair, does it? It's not. But luckily, there is a way you can ensure the responsible party ends up paying for your expenses, and that's by hiring a personal injury attorney. Your attorney can file a civil suit against the person who caused your injuries, so you can get paid what you deserve. Learn more about personal injury attorneys and the work they do right here. When you're injured due to someone else's actions, this information will come in really handy.

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