3 Elements That Must Be Present To Win A Slip And Fall Case That Occurred On Rental Property
by Lawrence Miller
A slip and fall can leave a person with major injuries, especially if the person is elderly. If you recently slipped and fell while visiting a friend at his or her apartment, you might have legal grounds to sue the owner of this apartment complex. Here are three elements that must be present in order for you to win a case like this.
You Must Have Injuries
The first thing to realize is that in order to sue someone for any type of personal injury, you must have proof of injuries. If you fell and were not injured, there would be no reason to sue. Proving that you have injuries usually is one of the easiest parts of a personal injury case, because you can produce copies of medical statements, bills, and reports to achieve this.
You Must Prove The Injuries Occurred From The Fall
The second element needed to win a slip and fall case is proof that the injuries actually occurred from falling. If you had preexisting physical problems, you cannot blame them on the slip and fall because they were already there.
Your doctor could verify this for you based on the explanation you give him or her about your fall, and on the actual injuries you have. It will also help if you have pictures of your injuries and of the area where you fell.
The Landlord Must Be Responsible For The Cause Of Your Fall
Finally, to win a slip and fall case, you will need to be able to prove that the landlord was responsible for the fall, and this is called negligence. If you can prove negligence on the part of the landlord, you will have a better chance of winning the case, but this is not always easy to do.
For example, if you slipped while walking on a sidewalk because it was icy, you will need to find out who is responsible for cleaning ice off the sidewalks. If the lease agreement at the property states that the landlord is responsible, you can prove negligence on his or her part by showing that there was ice on the sidewalk. On the other hand, if the lease states that the tenants are responsible for this, you could not sue the landlord for something he or she is not responsible for.
If you are not sure you can prove these three things, talk to a lawyer. A slip and fall lawyer can help you determine if you have a case, and this will help you decide what you should do about the problem.
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About Me
What kind of injuries can you hold someone liable for? How severe do the injuries have to be? When my husband was injured by a faulty saw, we weren't sure what we were going to do. At that time, we didn't have any health insurance and had to try to come up with the money for emergency and long-term medial treatment. This created an impossible time for my family. My husband was out of work and we had medical bills piling up because a product that we paid a lot of money for malfunctioned and injured my husband. So, what can you do when this happens? Read through my blog.