Slip and fall injuries are incredibly common in personal injury and premises liability claims, because they can occur anywhere, any time. When these incidents occur, who an injured party can sue might sometimes become complex, but a skilled personal injury attorney will be able to successfully guide you through the process and ensure that the responsible parties are held accountable for your injuries.
Although slip and fall accidents can occur in any location, there are some locations that are much more common than others. Below are some of the most common locations as well as some issues associated with them:
- Grocery Stores or Big Box Stores: Slip and fall accidents are common in these locations, but are also often complex when it comes to proving responsibility as well as working with insurance companies. Given the numerous obstacles one may face, it is best to work with an experienced attorney in such cases.
- Hotels and Resorts: Like grocery stores, hotels and resorts will also make it difficult for victims of slip and fall accidents to prove responsibility and will also require a notice of the incident.
- Small Businesses: Small businesses generally do not require the same formal processes that bigger businesses do, but that should not detract you from aggressively pursuing the necessary steps for your claim.
- Private Homes: If you are a friend of the homeowner, this will undoubtedly be a little difficult, but as with any type of slip and fall claim, compensation will usually come from the at-fault party’s insurance company, so be prepared for your dealings with them and hire legal representation to guide you through it.
- Rented Homes or Apartments: These accidents can either be the fault of a landlord, tenant, or both, so be sure to note the circumstances of your accident. It will be necessary to establish who was responsible for the dangerous conditions that lead to your fall.
- Public Places: This includes public parks, public buildings, or even a street or sidewalk that the government had a duty to maintain. Claims and lawsuits against a public entity present a serious challenge in terms of procedure, so this should not be handled without an attorney.
- Work: Workplace accidents are generally covered by workers compensation, but may sometimes require legal action against an employer.
Where Your Accident Happens Matters
Where a slip and fall accident occurs dictates who is responsible and how to go about filing a claim for compensation. The factors a court will examine to identify who is responsible include:
- Maintenance Expectations: Does the law expect the defendant to react quickly to unsafe conditions? For example, if something spilled in an isle at a grocery store, they should quickly clean it up, or at least provide a sign for customers to exercise caution. For a homeowner, the expectation is not as strict.
- Control of Conditions: Did the party have control over the conditions that caused your fault? Stores have employees to tend to hazards, but a landlord might have less control if the condition is caused by a guest.
- Individuals Involved: If a person contributed to a slip and fall accident, depending on whether or not that individual is an employee at a business can impact liability for injuries someone sustained in an accident.
Charleston Slip and Fall Injury Attorney
If you have been injured in a slip and fall accident, it is important to contact a skilled personal injury attorney who is equipped with the knowledge required to effectively handle your claim and, if necessary, take it to court.
At Pierce, Herns, Sloan & Wilson, LLC, our Charleston personal injury lawyers will work tirelessly to ensure that we present a compelling and undeniable argument for compensation on your behalf.
Call us today for a free consultation at (843) 968-0886.