What constitutes a legitimate slip/fall accident?
A slip/fall accident occurs at a location—private or public—that does not belong to the person who suffers in the event. In such a situation, the person’s foot comes into contact with some sort of damaged or uneven spot in the floor or ground beneath, or they may run into an object that obstructs their path.
What proves that the accident is not at all the fault of the injured?
In order for the person hurt to be considered totally innocent, a court needs evidence that the owner:
- Had no legitimate need to have the area set up the way it was at the time
- Did not do everything they could to properly maintain or clean up the area
- Was very aware of how dangerous the area was
In addition, they need evidence that the injured:
- Had no reason to suspect any hazards or issues with the location
- Did everything possible to get around safely
- Was carefully watching where they were going
- Did not do any extreme physical motions that could put them at high risk of injury
If not all four of those boxes can be checked, the property owner might be able to have you penalized for what’s called “comparative negligence.” This is the idea that the injured person’s behavior or conduct at the time had made the incident more probable.
What can a victim get compensation for?
If it’s proven beyond reasonable doubt that you did nothing to put yourself in a position to fall down and get severely hurt, you may be entitled to exemption from:
- Charges for emergency medical attention
- Decrease in income
- Paying for mobility support
- Having to buy yourself any medications to address lingering effects