Those who are familiar with wet and icy weather know to tread carefully when entering into establishments. As a result of increasing litigation, many establishments are posting warning signs alerting customers of potential places for injury in parking lots, open fields, and around business establishments. Warning signs have been helpful in reducing the liability businesses encounter when an accident occurs. However, a sign will not completely absolve a business of liability and there may still be an opportunity for an injured person to obtain compensation for their injuries.
When an accident happens, it is important for the injured party to seek medical help immediately. If you need an ambulance, request one at the scene of the incident. Make sure to get the attention of an employee to alert the management of the incident. Larger establishments typically have procedures for dealing with injuries so you may need to fill out an incident report. Make sure to carefully read anything you sign. Do not sign any sort of release or accept any form of settlement from the management at that point. Do not sign any blank documents.
Slip and falls occur under the realm of premises liability. In order to prove liability, the injured party needs to prove that the source of the injury was the fault of the premises owner, that the owner knew or should have known about the condition, and the owner could fix it at a reasonable cost. Different states assign liability in different ways so it is important to understand your state’s liability laws. Facts surrounding the case will be crucial to apportioning liability. For example, it will also be imperative to know where the sign was posted, if a reasonable person could see it, and if the injured person actually saw the sign.
Any injured person needs to see an attorney immediately to discuss their case.
This article is for general informational purposes only and is not to be construed as legal advice. Do not rely on the above information as all cases are different and different laws apply to different cases. Consult an attorney in your area for further guidance.