The Complexities Of A Slip And Fall Case As Explained By A San Bernardino Personal Injury Lawyer
One of the most common forms of injury claim that a San Bernardino personal injury lawyer has to deal with is known as a ‘slip and fall’ injury. In fact they account for around one quarter of all injury claims filed. Injuries sustained can range from sprains and bumps through to spinal injuries, head trauma and even wrongful death. Therefore the right lawyer has to be able to deal with all types of slip and fall claims. The majority of cases happen to be fairly straightforward and involve the claimant and the negligent party. However there are circumstances when claims are a little more complex in nature and as a result the representing attorney has to be on top of their game.
So when can you file for a slip and fall claim?
Slip and fall incidents (otherwise known as trip and fall) are injuries that have been sustained by someone who has slipped, tripped or fallen on property, either in the workplace or another party’s property, under circumstances that to all intent and purpose could have been avoided by those people who are deemed legally responsible for maintaining the said property or workplace.
Some of the more common types of slip and fall
A San Bernardino personal injury attorney explains that trip and fall accidents can occur in many places including parking lots, supermarkets, office buildings, sidewalks, restaurants and construction sites to name but a few. However by far the most common type of slip and fall injury involves hazardous or uneven public sidewalks. These account for up to 60 percent of all trip and fall injuries. In many instances when a person takes a tumble then it is easy to find the negligent party, as they are generally the building or premises owners. However when it comes to sidewalks, then this is a slightly more complex matter. For example let’s say that a person was walking along a pavement outside of a store and they fell on a slippery surface and suffered an injury. Then it is easy to think that the local government would be to blame for the incident as they are responsible for maintaining the sidewalks. However, in reality it is the responsibility of all storeowners to make sure that entrance to their store, including the sidewalk is kept free from any debris, or slippery surfaces that could be a potential hazard to any passers by. If on the other hand the sidewalk outside of the store was uneven and it had been reported by the storeowner to the government department, then the department should be held accountable.
Claiming against government departments
If a slip and fall claim has to be made against a government department, there is often a statute of limitations that will have to be adhered to and these can vary depending upon which state the plaintiff resides in. A highly experienced team of San Bernardino personal injury attorneys will know the time scale needed in order to file a claim and will act accordingly. Whilst there is a responsibility for an attorney to file a claim on time, the governmental department is also under timely limitations to respond to a claim. It is usually within 45 days of receiving a claim but again, this can vary from state to state.