Understanding Slip and Fall Personal Injury Claims
content.team • December 15, 2023

December 15, 2023

Accidents happen when we least expect them. One moment, you’re going about your day; the next, you find yourself tripping or slipping and taking an unexpected tumble. Unfortunately, these incidents can lead to both physical and emotional injuries, often leaving many in need of professional support or medical treatment. A  slip and fall case  can be classified as a personal injury claim focusing on premises liability, which indicates that another individual or entity did not properly uphold the safety of their property. Here is what you need to know.

What Is Premises Liability?

Property owners have a legal and moral obligation to ensure the safety of visitors, guests, tenants, customers, or other individuals on their property. This obligation is commonly referred to as the  duty of care  of a property owner.

Premises liability is a legal principle that holds property owners accountable for injuries that occur due to hazardous conditions on their property. Examples of premises liability cases may include:

  • Slip and fall accidents
  • Injuries due to certain structures not being built to code
  • Elevator or escalator accidents

Why File a Slip and Fall Claim?

A slip and fall claim is a legal process that helps the victim recover financial losses from injuries sustained due to an unsafe situation on another person’s property. If the property owner did not provide enough safety measures or if the victim can demonstrate that the owner’s negligence led to the incident, the owner may be held responsible.

How to Prove Fault in a Slip and Fall Incident

If you or someone you care about has been injured due to slipping or tripping on someone else’s property, it is possible that the property owner could be held responsible for the accident.

To submit a claim, you must demonstrate that the property owner had a duty of care to you and that they failed to fulfill that responsibility. Evidence for these important factors will be required:

  • Dangerous conditions were present on the premises.
  • The unsafe circumstances were known or should have been known to the property owner.
  • The hazardous situation resulted in an injury or other damages.

Where to Seek Legal Counsel for a Slip and Fall Case

When dealing with slip and fall cases, it is crucial to take immediate action to preserve evidence, thoroughly investigate the accident, and file a lawsuit before the statute of limitations expires. If you or someone you care about has experienced injuries from a slip and fall accident, please contact McPhillips, Fitzgerald & Cullum LLP immediately at (518) 792-1174 or  fill out our online form. We have offices in Glens Falls and Chestertown, NY, as well as Miami Shores, FL.

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