A Slip And Fall At Your Apartment: Is Your Landlord At Fault?
According to the National Floor Safety Institute, an estimated 8 million Americans visit the emergency room each year after suffering a slip and fall. If you suffer an accidental fall inside your apartment or on the rental property, you might be wondering if the landlord is liable for your lost wages, hospital bills and the pain and suffering caused by your injuries. If you're considering suing your landlord after a slip and fall, here is some valuable information that will help you through this sometimes confusing legal process:
Liability and A Slip and Fall Claim
In all slip and fall cases, the judge will determine liability – or basically, who is at fault for the accident. For your landlord to be found guilty, they would need to meet any one of these conditions:
Your landlord or the owner of the property would have to be the cause of the fall. For example, if the landlord neglected to deice your front walkway and you fell, this would be an example of liability.
If the landlord or the property's owner knew about a dangerous situation or condition and didn't do anything about it, they would be liable.
If the landlord of the owner of the property should have reasonably known about a dangerous or hazardous situation and didn't do anything about it, this would also be an example of liability.
In order to win your case, your attorney will need to prove your landlord was negligent. For that to occur, one of the three above-described scenario would have to occur.
Was It My Fault?
Depending on the state where you reside, a judge might also need to consider the idea of comparative negligence when determining fault – and the settlement amount the injured party is entitled to. Basically, the judge and jury will have to also consider your role in the accident.
For example, if you fell on a noticeable tear in common area rug, the judge might not find the landlord liable because any person who was acting carefully would have avoided the area. Another scenario might include you falling and injuring yourself in a restricted area, or ignoring a clearly-posted warning sign.
If you were running, skipping, jumping or even talking on your cellular phone during the accident, this could impact your ability to win the case, or at the very least, lessen the amount of your settlement.
If you're not sure about your role in the accident, don't hesitate to speak to an attorney.
What To Do If You're Involved in a Slip and Fall Accident
If you suffer a slip and fall in your apartment or on any part of the rental property, it's important to document your injuries. If the fall was serious, don't hesitate to seek medical services immediately.
Next, ask a friend or loved one to take pictures of your injuries and the place where the accident occurred, document the time and exactly what happened. It is vital to be as detailed as possible because this could mean the differences between winning or losing your case.
Once you've been medically cleared, visit an attorney to help you negotiate with the property owner's insurance company. Chances are the insurance company will attempt to resolve the case outside of court, and if you don't have an attorney with you, you might not receive a fair settlement.
For many Americans living in a rental property, their landlord's negligence will lead to an unexpected and potentially devastating slip and fall. If you've recently suffered an injury and are hurting physically and financially, don't hesitate to contact a personal injury attorney immediately. Navigate to this web-site to start your search.