A slip and fall can happen anywhere. Sometimes, even the most careful individual can become a victim. Slip and fall accidents are common, but not all accident victims collect damages. In unique cases, one’s conduct prevents them from collecting damages from their slip and fall cases.
Property owners exercise a duty to maintain an environment that protects people. A residential building might place signs to warn residents and visitors of slippery floors. In such scenarios, the injury victim might have trouble proving negligence.
To narrow down the specific issues that might affect a solid case, courts, attorneys, and insurers consider the following circumstances:
Reasons for Being on the Property
If you visit a business location or residential project, you must have a legitimate reason for being on the property. However, if you are trespassing, making a case for a slip and fall might be tough.
If an accident occurred as you trespassed on private property, you could be at fault for your accident. The private property owner can argue that they did not know you were there and thus not responsible for your injuries.
Proving negligence when you don’t have legitimate reasons for being on certain property.
Your Situation When You Slipped and Fell
In some cases, you could have legitimate reasons for being on the property, but your situation might place you at higher risks of injury. One example is intoxication, which causes incoordination and imbalance. While a careful individual might conduct themselves safely in similar conditions, an intoxicated person could be responsible for their injuries.
If a guest arrives at a private property drunk and falls, the owner might not be at fault. A comparative negligence doctrine could protect the property owner from offering recovery to such a party.
Ignorance to Danger or Hazard Signs
In some cases, a property owner can place hazard signs to warn guests of conditions leading to slip and fall accidents. Some examples include recently cleaned floors, spills, and weather-induced slippery areas. When the property owner makes an effort to warn guests against these risks, they might not be held responsible for falls.
That might prevent you from collecting damages if you fail to notice this hazard signage before falling in a store (despite their placement in clear and appropriate locations). For example, a person entering a building while distracted on their phone and failing to notice a “slippery floor” warning would make the injured party responsible.
Another aspect that affects the validity of your claims is acting in ways that may be considered risky. This includes wearing inappropriate shoes or running in a building. If you wear high heels and walk on uneven ground, you have a higher chance of falling.
Proving that the property owner’s liability requires a deep understanding of the legalities involved. Our team can help you determine where you stand with a free consultation.
Types of Damages You Can Collect After a Slip and Fall Accident
If you successfully prove the actions of a negligent property owner are responsible for your accident, you could be eligible for compensation. The major types of damages you could seek and receive include:
- Cost of treatment: This includes medical treatment after the accident, ongoing, and those that might be incurred in the future.
- Lost wage: If you stop working from the accident, you could get compensated for these losses.
- Physical and emotional needs: Accidents create physical and emotional needs ranging from pain to mental trauma.
- Lost enjoyment of life: If you can no longer engage in your hobbies because of your injuries, you could claim this loss.
- Wrongful death damages: You could collect damages for your loved one’s passing if they were not at fault.
All these aspects are considered in a slip and fall lawsuit. Our team will prove your damages.
Contact George Sink, P.A. Injury Lawyers for Your Slip and Fall Assistance
Whatever the circumstances of your slip and fall accident, you don’t need to do it on your own. An attorney can help you gain fair compensation for your unique situation. We will research, assess your damages, and represent you as you seek damages.
We have practiced in South Carolina for decades and have handled many slip and fall cases. If you are considering collecting damages for your slip and fall, check out these aspects to avoid missing out on compensation. Start with a free consultation with George Sink, P.A. Injury Lawyers. We can discuss how your conduct could prevent you from collecting damages in your slip and fall case.