About author :
Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured people how to protect their rights and obtain fair compensation for their damages. Learn more about liability in traffic accidents (and how to make it work in your favor) at this page on their information-packed website: http://www.injury-settlement-guide.com/personal-injury-lawsuits.html Injury-Settlement-Guide.com
Slip and fall accidents are quite common and these types of personal injury claims go to insurance companies regularly. And why not? Most of us walk more often than we drive. And when we're walking we encounter as many, if not more, obstacles than when we're in a car.
If you slip and fall and get injured, you'll go through the same process as if you were in a car accident. You need to prove liability, which means finding negligence and causation. But unlike car accidents, the signs that someone was actually negligent aren't always clear cut.
When driving a car there are laws and rules for how you get around. This means your duty of care is largely defined by very specific vehicle codes. There are very few laws on the books that regulate how anyone has to walk. In fact, the only laws that really exist for walking are to protect you from getting hit by a car.
Therefore, liability for slip and fall cases is hard to determine. It almost always comes down to finding whether or not someone else was acting reasonably. The phrase 'within reason' comes up in the law a lot, making it difficult to deal with personal injury court cases. It's a very subjective thing, and people rarely agree on what qualifies.
Common reasons for a slip and fall injury are slippery surfaces, unseen objects and worn or torn floors or floor coverings. These all present similar liability issues. How long was the surface in that condition? If it's slippery due to spillage, who spilled? If there was an object that has been tripped over, how did it get there?
If you're injured from a slip and fall on someone else's property, whether it be public, private or commercial, you need to answer these kinds of questions.
If you believe something other than bad luck is the cause, then proceed as you would with any other kind of accident. Examine the environment. Talk to witnesses. Ask questions and take pictures.
Because liability in these cases will most likely come down to whether or not the other party was acting reasonably, it's the presentation of your argument that will make or break your case. So when you finally do approach the insurance company, stress any evidence you know could sway a judge later on.
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