Slips, Trips & Falls Archives - Page 4 of 5 - Shapiro, Washburn & Sharp
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If I file a lawsuit against a landowner in response to a slip and fall accident, what are some of the things the landowner might argue against my claim?

The most common argument espoused by property owners in a slip and fall case is that even though you were injured on their property, they should not be held responsible. If the hazardous condition was temporary such as an accumulation of water after an ice storm, owners will probably argue that the conditions occurred so soon before the slip and fall incident that they could not have prevented it. They can also argue that a dangerous condition was so open and obvious that you should have seen it and, therefore, are at fault for your own injury. You should also expect the land owner, or the owner’s attorney, to argue that you fell because of carelessness, inattentiveness, or even being intoxicated at the time of the injury. These arguments are why you need an experienced injury lawyer who can represent you and challenge any erroneous accusations made by the land owner or their attorney.
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I fell at work and suffered a serious injury, do I have a case?

Most personal injury claims that arise while an employee is working are covered by Worker’s Compensation laws. This probably means you’ll have to file a workers compensation claim in order to recover for your injury.  As a result, you will probably not be able to bring a successful separate personal injury lawsuit against your employer, but this rule does have exceptions. It is possible that a third party, and not your employer, is responsible for creating the dangerous condition that caused you to fall, and that third party may not be covered by worker’s comp. You should ask an experienced injury attorney about your options.

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How do we establish that the owner of the property is liable for my slip and fall injury?

In a premises liability case, we need to prove that the owner or operator of the premises knew or should have known that the dangerous condition existed at the time of your fall.  This can be proven in many ways. Failure to do adequate safety checks, failure to put out necessary signage and warnings, and failure to comply with state and federal building codes are all ways to prove the property owner was negligent. 

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