Slip And Fall
Slip and fall law is a subset of personal injury law. Slip and fall law governs the liability when an individual slips and falls and suffers injuries as a result to a dangerous condition on the property. When the accident occurs on government property, federal slip and fall law applies. Otherwise, state slip and fall law applies. State slip and fall law varies, but the common elements are the same -- personal injuries and negligence.
The premise of slip and fall cases is negligence. A negligent act must have caused the accident before the victim can file a claim to recover damages. Negligence means a person or an entity failed to perform an act in a reasonable manner expected in certain circumstances. Proving negligence is not an easy task that is left to the hands of the victims. Rather, victims are encouraged to hire a slip and fall law attorney to determine whether there was a negligent act that caused the accident to happen in the first place. A slip and fall victim cannot pursue a personal injury claim if there is no negligence on the part of another party. Proving intent could also elevate the case from simple negligence case to a felony or misdemeanor.
All parties who are possibly responsible for a slip and fall accident must be identified prior to the filing of a suit. The identification of responsible parties may not be very obvious at times and non-identification of certain possible responsible parties could mean lesser recoveries for the victim. Slip and fall laws hold store owners, tenants, and building owners responsible for any negligent act that causes harm to the public. State law also hold responsible insurers to these parties. It is important to seek the aid of slip and fall law attorneys prior to the filing of any slip and fall cases as they know how to use the law to the plaintiff's advantage and use the law so that plaintiffs are rightfully compensated. Slip and fall attorneys would also be knowledgeable as to who to name as responsible parties, saving the victim from any possible regret for not suing in the future. Like all personal injury cases, slip and fall cases are subject to statute of limitations. Without the help of a personal injury attorney specializing on slip and fall accidents, the plaintiff, without intending to, may let the statute of limitations pass and his legal right to seek compensation pass.
Seeking compensation for injuries arising from slip and fall accidents in public places may prove to be a little bit more difficult due to the fact that the government is generally immune from suit. The rule of non-suit against the government has been relaxed in many instances, subject to exceptions. If the victim proves that he incurred injuries as a result of a slip and fall accident in a public place, the victim can sue the government, subject to strict notice requirements and time limits, an expert slip and fall attorney should be knowledgeable about.