Keeping Up With Home Improvements On Your Property May Stop You From Being Sued
Most of us have had the unfortunate and sometimes embarrassing experience of falling over. It generally happens right in front of a crowd of people, usually on a slippery surface. In most cases we simply pick ourselves up, dust ourselves off sheepishly, and carry on with whatever we are doing. However a Los Angeles slip and fall attorney explains that in some cases if a fall is bad enough, a person can sustain broken bones or fractures, severe pain and suffering and ongoing medical problems. This can be because of somebody else’s carelessness or bad property maintenance and under the guise of premises liability; you are legally entitled to claim compensation for your injuries from the property owner.
So what does a property owner have to do to protect himself?
Under the law, a property owner has a duty bound right to exercise a reasonable level of care to people who enter the property whether invited or not. If they fail to do so and the outcome is a bad injury caused by a slip and fall accident, then they can be deemed as negligent and as a result can be held responsible for such things as:
- Compensation for any pain and suffering caused to the victim because of the incident
- Any loss of wages sustained whilst in recovery
- Immediate and ongoing medical expenses
For a property owner this means that pathways should be free from debris and cracks, any dangerous areas that are awaiting work, or are work in progress should have warning signs that are visible to other personnel, and all property should have sufficient lighting.
Is a person automatically entitled to compensation if they slip and fall on someone’s property?
In essence a person is not automatically entitled to compensation if they have an accident. Instead an injured party has to prove that the property owner failed in their duty to exercise reasonable care. In order to do this, a plaintiff would have to prove that…
- The property owner knew about the dangerous conditions that caused the accident, or
- The owner should have known about the condition because any person maintaining their property correctly would have found the problem area and done something about it, or
- The owner recognized the problem but hadn’t got around to getting it fixed
Any one of the above can be grounds for a claim and this is when an experienced Los Angeles slip and fall attorney can help. So what should you do?
One of the first things to think about after an accident has occurred is to never make statements such as “it was partly my fault” or “don’t worry I don’t think I’m hurt badly”. Instead seek medical attention first. Even if you don’t appear to be hurt, it is still worth getting checked out. As soon as you can after being examined for any injuries, you should note down the evidence surrounding your accident. The reason for this is the owner is likely to repair the area that caused the accident fairly quickly, so it is advisable to have some sort of written information about the incident whilst it’s still fresh in the mind.
After you have sought medical advice and have noted evidence of your accident then it might be worthwhile speaking to an experienced LA slip and fall lawyer. By doing so, they can explain to you your options, and the chances of claiming compensation if you so wish. Most if not all experienced law firms will offer a free evaluation so it is definitely worthwhile exploring the possibilities.
A slip and fall victim may find themselves having to deal with aggressive insurance adjusters as well as insurance carrier attorneys and sometimes anyone who is not up on legal terms and how the system works will find themselves being run rings around. Therefore a skilled Los Angeles slip and fall attorney can help to level the playing field and as a result will always act in the best interests of their client to see that a full and fair compensation package is delivered for their injuries.