Slipping and falling is more dangerous than you might think. Such an accident can lead to more than just an embarrassing moment and a sore body. Falls are actually the leading cause of accidental death for seniors, and they account for more than eight million hospital emergency room visits each year. Likewise, slipping and falling can be caused by inattention on the part of the injured person or caused by the negligence of the person who created the circumstances leading to the accident in the first place.
People who have been severely injured by a slip and fall accident wonder whether or not they can sue the person or company responsible for their misfortune. In a personal injury case, people need to be able to prove the person who owned or maintained the premises in which they were harmed failed in their duty to keep people safe.
However, there is no exact way to determine when someone else is legally responsible for your injuries. Each case depends on whether the property owner acted carefully or negligently and whether or not you were careless in not seeing or avoiding the condition that caused your fall.
In general, the slip and fall is someone else’s fault if the owner of a property fostered a “dangerous condition” and knew it was a dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition the injured party should not have anticipated under the circumstances. You must also be able to establish the following:
- The owner/possessor created the situation
- The owner/possessor knew the condition existed and negligently failed to correct it
- The condition existed for such a length of time that the owner/possessor should have discovered and fixed it prior to the incident
If you think you were harmed by the negligence of another person, talk to one of our New Orleans premises liability attorneys about your case.