Do I Have a Valid Slip and Fall Claim?

Car crashed at garage doorDid you suffer injury from a fall on a property that is not yours? The owner of that property may be legally responsible for your injuries.

You may have a valid slip and fall claim if these situations are present.

There was a hazard on the property

Typically, you can only hold a property owner liable for the accident if an unsafe condition on the property caused the fall. Also, the defendant must have caused the situation or let it persist. Dangerous conditions may include a wet and slippery floor, damaged sidewalk or pothole.

Photographs showing the existence of the hazard can be helpful.

The property owner was on notice of an unsafe condition

The law affords property owners some reasonable time to find and remedy dangerous conditions. The injured person may then need to prove the other party was aware of or should have been cognizant of the hazardous situation.

Your prospective law firm here in Townsville may procure surveillance videos of the accident area to confirm notice.

No warning posts were present

If a property owner or business is aware of an unsafe condition, they are required to remedy the problem or warn people of the impending danger. You may have a valid claim if you slipped and fell in an area where there were no warning signs despite the property owner’s knowledge of the existence of a hazard.

The unsafe condition was not open and obvious

You are expected to notice and avoid open and apparent hazards. Similarly, you are supposed to use reasonable care to avert your own injuries. If you fail to adopt simple measures to prevent obvious risks, you may be found to be negligent.

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A level of legal liability may then adversely affect your personal injury claim. A lawyer can advise you on how your contribution may impact on your case.

For successful claims, injured persons are required to establish that property owners breached the duty of care owed to the victim. If you sustained injuries from a fall on another party’s property, talk to a law firm in Townsville. A lawyer can quickly assess the validity of your claim.