Whether it’s at your workplace or a place you’re visiting, strewn throughout are possible hazards that most people don’t think about.
These hazards can include a wet floor, a scrunched-up carpet, or a deteriorating floor; all these and more qualify as potential hazards that can and do cause trips, slips, and falls that can injure and negatively affect your quality of life temporarily or permanently.
In a personal injury lawsuit regarding slips and falls, you’ll need to prove the property owner’s negligence as the owner is required to provide a safe space to traverse that is as clear of obstructions as possible.
More specifically, the hazard in question needs to have existed long enough for it to have been noticeable by the owner or the owner’s employees, thus establishing an obligation to do something about it.
Keep in mind though, on the owner’s end, they could argue that you are partially or completely at fault for the accident.
Claims that the property owner could argue against you can include:
- You were doing something that could prevent you from noticing the hazard like texting or talking on the phone.
- You had no lawful access or reason to be in a markedly dangerous area.
- You ignored signs or advertised safety measures.
There have also been cases in which people faked accidents knowing that they can benefit from the case, but most of these claims are eventually found to be fraudulent. Like a case where a chiropractor and 4 other men were found guilty of staging fake accidents with recruited homeless people as victims.
Another case is where a New Jersey resident was found to have faked his own accident at work by slyly creating his own accident and knowingly walking into it and falling.
After the incident, he filed a claim for his hospital visit and treatment, but surveillance footage showed him pouring ice on the floor and creating his own hazard.
Furthermore, if an owner wants to prevent initiating a slip and fall lawsuit, you need to make sure that warnings are appropriately placed and hazards are removed in a timely manner. If a consumer/pedestrian doesn’t want to be seen at fault, simply stay out of places you’re not meant to be and be aware of your surroundings.