Slip and fall accidents fall under the broader category of premises liability. This means that the owner of an establishment must take responsibility for the conditions of the place to ensure that no one gets hurt or injured. Therefore, when suffering an accident of this type within a property, there is the possibility of taking compensation measures with the owner or the person in charge of the place. However, it is not easy to prove such an allegation, so it is helpful to know how to successfully file a slip and fall claim.
In general, the conditions that make the accident possible are the fundamental point for the claim. A raised carpet, an uneven or poorly level surface, lack of proper lighting, narrow or poorly marked corridors or stairs, wet floors, are just some of the causes of accidents. All of them correspond to a series of conditions that are the responsibility of the owner, and may be subject to lawsuit.
How to file a successful slip and fall claim
The first condition that is necessary to file a successful claim is that there is indeed an injury. Of course, no one wants to intentionally injure themselves, and we avoid being injured in an accident at all times. But, in case of being harmed, it must be possible to demonstrate some degree of damage, no matter how minimal, in order to claim compensation.
There is no precise way to prove establishment fault in a slip and fall case. Generally speaking, it all comes down to fault in the accident. If the owner acted recklessly or negligently to avoid the hit conditions, then he will be held liable. But, on the other hand, if the person acted in a distracted manner and without basic precautions that were evident or well identified, the responsibility falls on that person. Of course, in the process of filing a slip and fall claim, there may be shared responsibilities on both sides.
In order to make a successful claim, the injured party must be able to prove that there was a pre-existing condition at the site of the slip or fall that posed a particular hazard. For this, the risk must be irrational or unpredictable. It must be a situation that the person could not have foreseen because it does not fall within the logical precautions of the place where he was.
The owner of the place will be responsible whenever any of the following conditions can be demonstrated:
- The owner caused a dangerous condition for a third party.
- The owner was aware of the dangerous condition but acted negligently by not fixing it.
- The The hazardous condition had been around for some time, showing that the owner should have known about it and fixed it before the accident occurred.
In summary, how to file a successful slip and fall claim depends on whether the owner’s liability can be shown. One way to do this is by resorting to the building code, to verify the conditions that had to be met in that case. For example, if a ladder does not have handrails where it should, and the fall occurs there, then clearly there is liability.
Tips on filing a slip and fall claim
As shown, it is not easy to obtain a successful slip and fall claim. It depends on many factors that can determine the responsibility of the establishment, and it is up to the injured party to prove it. Achieving such a demonstration not only requires time, but also requires certain knowledge and experience in the field. Therefore, it is always convenient to turn to professionals with experience in similar cases to obtain the best advice and bring the claim to fruition.
Mario Serralta has a track record that widely supports him in this type of case. He knows how to file a slip and fall claim with a high chance of success. He will be able to advise you on the best strategy to follow to carry out your case and achieve adequate compensation for the damages that you may have suffered. He will be in charge of representing him during the process, defending his interests and demonstrating the application of his case before the authorities. In the event of a slip or fall, do not hesitate to contact us for an interview with the best slip and fall attorney in Miami.