Injuries Caused by Dangerous Property Conditions
Everybody falls sometimes, but there are cases when slipping and falling is not the result of clumsiness.
If you were injured after you slipped, tripped, or fell on someone else’s property as a result of dangerous property conditions, you may have grounds for a lawsuit. Call our Tampa slip and fall accident attorneys for a free consultation: (813) 606-5050.
Common Causes of Slips, Trips, and Falls
Slip and fall claims are a type of premises liability lawsuit that accuse a property owner of negligently maintaining their premises.
Any number of property hazards can result in a slip and fall, such as:
- Defective staircases: There are regulations for how staircases must be built and maintained. If the staircase is defective or missing any of the required safety elements, and someone is injured because of that negligence, an injury claim can be filed.
- Inadequate lighting: Like staircases, there are regulations for what type of lighting should be used in public buildings and surrounding areas. Inadequate lighting can cause preventable falls as a result of poor visibility.
- Uneven surfaces: Cracked pavement, potholes, and other types of uneven surfaces present a walking hazard. When the entity or individual responsible for the walking surface fails to repair it or warn passersby, this may constitute negligence.
- Wet surfaces: Spills, leaks, and adverse weather conditions can create wet or even icy walking surfaces. Like uneven surfaces, wet walking surfaces that are not fixed or cautioned against can be grounds for a slip and fall claim.
Businesses Have a Duty to Keep Customers Safe
One key component of a slip and fall case involves the duty that a business establishment has to keep their store safe and whether the business knew, or should have known, that a potentially dangerous condition existed at the time of the incident.
The law states that if a person slips and falls at a business establishment, the injured person must prove that the business had actual or constructive knowledge of the hazard and should have taken action to remedy it.
The statute also provides that constructive knowledge may be proven by circumstantial evidence showing that the dangerous condition occurs regularly and was foreseeable by the business, or that the condition existed for such a length of time that the business should have discovered the condition and fixed it.
What this means is that businesses generally have a duty to inspect their premises every so often for dangerous conditions and take action to remedy them if discovered.
This is especially true for food stores where items can fall off the shelf and create obstacles or messes and where refrigerators and coolers can leak water onto a floor and create puddles. Additionally, in bad weather, many businesses will have a duty to ensure that rain water and mud is not being tracked onto their floors.
If a business does not take proper care to ensure the safety of their customers, they may be liable for any injuries suffered as a result.
Why It’s Important to Report Your Accident
If you’ve been injured in a slip and fall, it is important to report your accident to the owner of the premises. In many cases, this means reporting the accident to the restaurant, grocery store, shopping center, mall, or other place of business where the slip and fall occurred.
This is usually done through some type of incident report that will serve as a record of exactly where, when, and how the accident occurred, including the names of any witnesses, the name of the manager on duty, and other important factors and information.
Even if you don’t think the fall was serious or feel like you were hurt, it is essential to at least give some type of notice about what occurred, as it may take a few days to start feeling pain from the accident.
The documentation of your accident with management and the creation of some type of record may prove to be the difference in your case.
Insurance companies will often look at whether an incident was reported. If it was not, they may try to use this against you when discussing liability and damages.
Even if you failed to report your accident, you should still discuss your options with a slip and fall lawyer in Tampa. When you call Robert Sparks Attorneys, we can review your case for free and help you determine the best way forward.
What If I Slipped and Fell at Work?
The workplace is a common venue for slip, trip and fall accidents. This is particularly true for individuals who work in construction or industrial fields. Work accidents are often handled by way of workers’ compensation claims. By accepting a workers’ compensation claim, the employee foregoes their right to bring litigation against their employer.
Discuss Your Case with an Attorney for Free
Victims of negligence deserve justice and maximum compensation for their injuries. Our Tampa slip and fall accident lawyers are here to help make that happen.
Read about cases we recently handled:
- Slip and fall lawsuit against Save-A-Lot grocery store
- Lawsuit against local hotel for pool slip and fall
Does your claim have merit? Find out. Robert Sparks Attorneys is here to discuss your case in a free consultation. We will listen to the details of your case and determine if your slip, trip, or fall warrants a personal injury claim. Call (813) 606-5050 or contact us online.