Slip and fall injuries are a common occurrence throughout the nation. If your slip and fall injury was caused by the negligence of a property owner or manager, you have the right to hold that person responsible through legal action. When a visitor to a property suffers a preventable injury, the law of premises liability determines responsibility and is applicable to both residences and businesses. Premises liability claims involve injuries that are suffered while you are on another person’s property. Property owners and businesses have a duty to maintain a safe environment for customers, pedestrians, and other visitors. They also have the responsibility to effectively warn these people of possible dangers and hazardous conditions. Examples of premises liability Some instances of premises liability cases include: • Slip and fall injuries caused by slick floors or standing water • Pool drowning • Trip and fall injuries caused by uneven sidewalks and walkways, slippery stairs, or poor maintenance • Inadequate security (such as lighting and surveillance), which can lead to a third-party assault • Construction site injuries • Falling trees • Products falling off of shelves at a store Injuries Slippery floors, broken stairs, and poorly lit walkways are all potential hazards that property owners should properly maintain in order to prevent injuries to others. A slip and fall injury can lead to injuries that range from mild to serious; they can even result in death. Injuries can include: • Sprained and fractured bones • Lacerations and severe bruising • Head or brain injuries • Concussion or contusion • Neck and spinal cord injuries Proving negligence In order to win your premises liability claim, you must prove negligence. This can be tricky because property owners may make quick repairs before you can file your claim. This is one reason why it is important to take photographs of the scene as soon after your injury as possible. It is also ideal if you can obtain the contact information of any eyewitnesses to your accident. Just because you were injured on another person’s property, this does not necessarily mean the property owner is liable. The property owner’s negligence must have caused or indirectly resulted in your accident. You must prove that: • The condition of the property was dangerous • The property owner knew, or should have known, about the unsafe condition • The property owner or manager had a sufficient opportunity to fix the premises or post warnings about the condition (which were not obvious to the injured party when the accident occurred) Types of compensation If you are injured because a property owner or business establishment fails to provide a safe environment, you have a right file a claim. Though each case is different, you may be able to recover damages for: • Pain and suffering: While seemingly immeasurable, pain and suffering compensation is measured in severity by the law and many insurance companies. Ranging from minimal to severe, pain and suffering damages are based on period and chronic emotional suffering, as well as expected future pain. Suffering can include lifestyle changes, depression and anxiety, and the impact on your family relationships. • Medical expenses: You are entitled to receive money to cover all of your past and future medical expenses. Besides bills, this includes transportation to doctor’s offices and physical therapy, as well as household help and assistance in caring for your family members. • Wages: You also deserve to be compensated for any lost wages resulting from your injury, in addition to any future loss of income because of your slip and fall. If you suffer a permanent disability, you have the right to be compensated for your loss of earning capacity. If you have been hurt in a slip and fall injury and live in Anderson, Spartanburg or Greenville, South Carolina, please visit the Web site for the Dick James Law Firm of Greenville, South Carolina. If you believe that our law firm can assist you with your claim, please contact us to arrange a complimentary consultation.
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