A slip and fall could happen in the blink of an eye and have serious long-term consequences. While you could be lucky enough to walk away with little more than cuts and bruises, you could also sustain an injury such as brain or spinal cord damage that changes the course of your life.
If you have suffered a serious injury in a slip and fall accident, then consider contacting a Lexington slip and fall lawyer today. With the professional guidance of a personal injury attorney, it may be possible to determine if another party could be held legally liable for the accident that took place. If the fall was caused by a dangerous condition – such as a slippery floor, torn carpeting, or poor lighting conditions – that could form the basis of a successful premises liability lawsuit.
Slip and Falls Accidents & Premises Liability
As stated, slip and fall injury cases are addressed through an area of law called premises liability. The essence of premises liability is determining whether a property owner could be held responsible for injuries that someone suffers while on their property.
Property Owners
The first part of the analysis basically asks if a property owner breached a responsibility to take reasonable precautions to keep visitors safe. More specifically, a Lexington slip and fall accident lawyer may look into whether the property owner breached a duty to keep someone safe and, if so, whether that breach caused the victim’s injuries. “Duty,” “breach,” “causation,” and “damages” are the four elements that a plaintiff in a premise’s liability case must prove in order to be eligible for compensation.
Visitors
The second part of the lawsuit focuses on the identity of the person who was injured and whether it affects the duty of care that the property owner owes them. South Carolina law recognizes the following four classifications of property visitors:
Adult Trespassers
Property owners in this state owe no duty of care to adult trespassers. They are only prohibited from deliberately harming them.
Licensees
Social visitors – also called licensees – must be warned by the property owner of any known hazards on the property that could harm them.
Invitees
Property owners owe the highest duty to invitees, who are typically business customers. They must make reasonable efforts to locate hazards and either remove or provide warnings to invitees about them.
Child Trespassers
A Lexington slip and fall accident attorney could attempt to hold a property owner liable for injuries to a child if the child was hurt by an attractive nuisance. An attractive nuisance is generally defined as an artificial condition that could attract the attention of young children. Swimming pools, trampolines, and pieces of heavy machinery are all common examples of attractive nuisances.
Causes of Slips and Fall Accidents
Having a basic understanding of the law of premises liability could make it easier for a slip and fall accident lawyer in Lexington to determine whether a victim has a viable claim for compensation after being injured in a slip and fall accident. While every case is different, the following common causes of slip and fall accidents often give rise to property owner liability:
- Failure to clean up spilled liquids or pick debris up from off the ground
- Failure to promptly repair loose carpeting or uneven walking surfaces
- Failure to fix a broken stairway
- Failure to shovel snow or salt an icy sidewalk in front of a business after a winter storm
In each of these examples, serious injuries resulting from a slip and fall accident could be directly linked to a property owner’s duty to eliminate hazardous conditions that have the potential to harm visitors.
Contact a Lexington Slip and Fall Attorney Today
A slip and fall accident could be relatively minor or quite severe. If the latter, you may be entitled to financial compensation. Contact a Lexington slip and fall lawyer today to learn more about what your legal options might be.
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