- June 6, 2024
People trip and slip daily with few consequences, but when another person’s error or negligence causes those incidents, you may have a personal injury case. Slip and fall cases are a type of personal injury lawsuit designed to help individuals who are seriously harmed after tripping, slipping, or falling.For example, someone might trip over a loose floorboard in a store and break their wrist or slip on spilled soda at a restaurant and injure their head. As straightforward as these types of cases may seem, they can be highly damaging and are often far more complex than they first appear.
This blog discusses the critical components of a slip and fall case to help you determine if and when you have a valid claim. If you or someone you love suffered an injury in a slip and fall accident, our slip and fall attorneys at Goodman Acker P.C. can help you seek compensation. Call us at 248-286-8100 to schedule a free case review.
Why hire the attorneys at Goodman Acker, P.C.?
No personal injury case is easy, and you need experienced and skilled attorneys to represent you when dealing with one. This is what you get when you hire our slip and fall accident lawyers at Goodman Acker, P.C. We know the essential elements needed to establish a slip and fall case and how to apply and prove them for the best outcome.
We have represented clients all over Michigan and have an impressive track record with a 98% winning rate. Also, we work on a contingency fee basis, so you don’t have to worry about our fees until we secure a favorable outcome. Contact us to learn more about how we can give you the advantage.
We take a personalized approach to every case, focusing on what each client needs for their claim to succeed.
Key components of a slip and fall claim
Every slip and fall accident claim must have a few necessary components to be valid. Not every fall leads to a lawsuit; some slips and trips are simply accidents and cannot be blamed on any one party. However, when a fall occurs because of someone’s negligence, carelessness, or error, you may have a valid claim.
The following are the key components to knowing whether you have a valid slip and fall case:
Duty of care
A duty of care refers to the property owner’s responsibility to maintain the premises and to keep it reasonably safe for legal visitors. For example, a store owner has a duty to their customers, just as a homeowner has a duty to their guests. So, as long as you were not trespassing on the property, the owner owes you a duty of care.
Negligence
Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances, and there can be no personal injury case without proof of negligence. Normal wear and tear are insufficient for a valid claim in a slip and fall case. There must have been some sort of carelessness that caused the incident to occur. In other words, the property owner may have had a hazardous condition on the premises that they failed to take care of promptly, leaving visitors susceptible to a potential injury.
Notice
Under Michigan law, notice can be either constructive or actual. This means the property owner knew some dangerous conditions existed or should have known about them. When a property owner knows of a hazardous condition, they must remove the danger, repair it, or tell visitors about the potential danger.
The property owner cannot be expected to fix a hazardous situation without due notice. If the danger occurred recently and the owner was unaware of its presence, they may not be liable for the damage. However, if the owner is negligent in monitoring the property or fails to check for hazards, they could still be found liable for unknown dangers.
Proving notice can be extremely tricky. You must demonstrate that the property owner was aware of the hazard that caused the incident but still failed to make it safe.
Damage
Finally, to have a valid personal injury claim, you must prove that the incident caused some damage. Even if all other components of a slip and fall case are present, you do not have a personal injury case if you cannot prove that the fall caused any damage, like injuries and financial losses.
Get the help you need from Goodman Acker, P.C.
Our Goodman Acker, P.C. team is committed to helping our clients seek compensation and secure a favorable outcome. When you retain our services, you gain access to a reliable and ethical team who will always put you first. Contact us at 248-286-8100 for a free case evaluation.