Huntington Slip and Fall Lawyer
Slip and fall accidents can happen anywhere and cost victims hundreds or even thousands in medical bills and lost wages. When one of these accidents happens in a public place or a business, the owners could be liable for the injuries. If you or a loved one is involved in one of these accidents, consider consulting a Huntington slip and fall lawyer who could use evidence of negligence to hold a premise accountable and discourage the owners from making careless mistakes in the future. A skilled attorney could also recover compensation for the expenses incurred after dealing with an injury.
Premises Liability Law
Most slip and fall cases are brought under the legal theory of negligence. In a negligence suit, the plaintiff can bring a claim that the defendant owed them a certain obligation of care, that this duty was breached, and they suffered actual damages as a result. Premises liability law outlines what duty of care the defendant owes based on what visitor status the plaintiff held. There are three visitor statuses relevant to a premises liability claim: invitee, licensee, and trespasser.
Invitees receive the highest level of protection under the law, defined as a person on the premises for the benefit of the owner, such as a customer patronizing a business. The owner has an obligation to exercise reasonable care in keeping the premises clean and safe for all invitees and warn them of all possible dangerous conditions that may not be obvious to them.
Invitee Status Revocation
There are a few situations where a business invitee in Huntington could lose that high-level duty of care, and thus may not be able to recover damages. If a customer enters an area where they are not allowed to be, such as storerooms behind closed doors or areas marked “employees only,” they could lose their status as an invitee, and thus the protections it provides.
Another example of losing this status can occur when a customer acts violently towards others in the store or destroys store property. Management can then revoke their invitee status by asking them to leave. This could prevent them from recovering compensation in a premises liability claim. A Huntington legal consultant could help an individual determine whether they have a valid slip and fall case or stand up to business owners using this argument against a plaintiff.
Causes of Hazards and Steps to Take Afterward
While accidents can happen in any number of ways, there are a few common scenarios that can precipitate a personal injury lawsuit based on negligence and premises liability. Certain hazardous situations often result in a fall that can cause a person serious injury, such as wet floors. If the property owner does not take reasonably quick action to clean up a spill or put up signs indicating slick surfaces, a customer could slide and suffer from a range of physical injuries.
Poorly maintained walkways are also a concern. Uneven floors, stairs, aisles, and ramps that customers use to get around can be dangerous, especially if the customer is disabled or elderly with poor mobility.
If someone suffers a fall on someone else’s property, such as a store or other business, the first step is making sure everyone involved is okay and call for medical help, if necessary. Then, the individual should take photos of the accident area with their smartphone and ask to file an incident report with management, as to document the evidence of the case. Just these few actions can go a long way in making sure the rights of a customer are protected. With legal assistance, this evidence could be used to show the negligence of a property owner.
Ask a Huntington Slip and Fall Attorney About Your Legal Options
If you or a loved one has suffered an accident at a business, you could benefit from the assistance of a Huntington slip and fall lawyer. An experienced personal injury attorney can assess the specific circumstances of your case and advise you of your rights. They could help you determine the best legal strategy possible to ensure that you receive fair compensation for your injuries. Call to schedule a consultation to learn more about your legal options today.