The monetary amount of damages that one can recover for their injuries depends on the extent of the property owner or tenant's liability or legal responsibility. A property owner or tenant has the responsibility to be aware of dangerous conditions on their premises and to take reasonable actions to alert the public and correct the situation in a reasonable amount of time. This is known as premises liability. It applies to all owners or tenants of property including homeowners, apartment renters and business owners.
Your case will be determined by whether the property owner or tenant was aware, or should have been aware, of the dangerous condition that led to your accident, how long he/she was aware of the condition and if he/she took reasonable action to prevent accidents from occurring. When considering premises liability, one should consider:
- Had the dangerous condition (ice, broken step, crack in the pavement) been present long enough so that the owner or tenant should have been aware of it?
Could proper lighting have prevented your accident?
- If a foreign object caused your accident, could it have been covered or moved to prevent your injury?
- Are the premises regularly inspected and maintained? Is there any evidence of these examinations?
- Could a simple barrier or sign alerting you to potential danger have prevented your accident?
There is no precise way to determine the percentage of fault a property owner or tenant will have for your accident. The lawyer handling your claim should be familiar with personal injury litigation and have access to a variety of experts, including those familiar with technical fields like engineering and biomechanics, to help you investigate the causes of the accident and demonstrate the property owner or tenant's liability.
You might believe that your own carelessness played a part in causing your accident. In these instances, it is important to note that even if your actions partially contributed to your accident, you may still recover damages for your injuries. When both parties involved in the accident are at fault to some degree, calculations must be made to determine the percentage of liability each side has for the accident. This is called comparative negligence. Whatever the percentage of liability that you have for your accident (20%, 50%, etc.) is the amount that will be removed from the total damages awarded.
Schwartzapfel Partners is a firm that fights for the rights of those injured in slip and fall or trip and fall accidents. Our legal team has handled an impressive volume of these personal injury cases and has a thorough understanding of how to maximize your likelihood of success and recovery. We have access to medical and technical experts who can investigate the circumstances of your accident, demonstrate the fault of the responsible party and substantiate the damages you suffered. These measures include obtaining statements from the parties at fault before they have a chance to speak with their insurance company or lawyer and recording eyewitness accounts while the event is still recent.
Our team, which can include engineers and other experts, will thoroughly examine the physical conditions that led to your accident, including inspecting the accident site and obtaining comprehensive weather reports (if inclement weather or ice/snow contributed to your accident). We will gather the necessary evidence to demonstrate wrongdoing, such as police reports, photos and hospital records. We can lead you through the often confusing regulations regarding municipal liability and help you submit your claims in a timely manner. We will fight to protect your legal rights and ensure that you continue to receive the medical care and treatment you need while your case progresses.
If you have been injured in a slip and fall or trip and fall accident or if you simply need more information, please contact us immediately at 800-966-4999 and see why our law firm has recovered over $100 million on behalf of our clients.
