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Questions that determine slip-and-fall lawsuit eligibility

On Behalf of | May 21, 2024 | Premises Liability |

When people fall while walking on slippery surfaces, they can suffer injuries ranging from minor bruises to intense fractures.

If you experience such an accident, you might wonder whether suing is an option. The viability of your case depends on the answers to some relevant questions.

Where is the site of the slip-and-fall?

The location of the accident plays a central role in determining whether going to court makes sense. Places where slip-and-falls typically occur include shopping malls, restaurants, homes and sidewalks. If the site of the incident is someone’s property, the owner might be responsible for your injuries.

What is the trigger of the slip-and-fall?

Common causes of slip-and-falls include wet floors, uneven surfaces, poor lighting and obstacles left in walkways. Documenting hazardous conditions with photographs or video can significantly strengthen your claim.

Were there any warnings about the hazardous condition?

The presence of clear warning signs at the site of the incident might make it harder to convince a judge and jury that you deserve compensation. However, more than just caution signs could be necessary to ensure public safety. It may be possible to argue a duty to do more.

What is your contribution to the accident?

Finally, consider whether your actions are a mitigating factor. Using your phone or otherwise not paying attention at the time of the accident could make suing impossible. What about footwear? A defendant might claim that your shoe choice is the reason for your fall.

Carefully consider if pursuing a slip-and-fall lawsuit makes sense before taking legal action. Otherwise, you could be wasting time and energy that would be better put toward your recovery.

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