A Guide to the Legal Terms Used in a Slip and Fall Lawsuit
When you left your home this morning, you never imagined you could end up in the hospital because you fell and suffered injuries while on another person’s property. No one expects to be injured while going about their normal routine; however, it does happen. When you are injured, it is important to contact a personal injury attorney to protect your legal right to compensation for your injuries in a slip and fall case.
As you discuss your slip and fall claim with your attorney, you will likely hear legal terms you may not be familiar with because you have never had to file a slip and fall claim before now. Below are some of the most common legal terms used in a slip and fall lawsuit.
- Premises Liability – Premises liability is the legal concept that holds a property owner, tenant, or other parties responsible for injuries sustained on the property due to a dangerous condition on the property. Premises liability claims are often referred to as “slip and fall” claims.
- Dangerous Condition – A dangerous condition is a condition on the property that puts you at risk for injury. Examples of a dangerous condition include wet floors, torn carpet, inadequate lighting, missing handrails, and uneven payment. The property owner and/or tenant can be responsible for injuries if someone is injured as a result of the dangerous condition.
- Notice – For the owner to be responsible for injuries, the owner must have known or should have known about the dangerous condition on the property.
- Injuries – If a dangerous condition is on the property, the owner and/or tenant may be liable for injuries as a result of the dangerous condition. Injuries include but are not limited to your medical expenses, lost wages, property damage, physical pain, scarring, disfigurement, disability, mental anguish, and emotional stress.
- Causation – In order to receive compensation for a slip and fall claim, you must prove causation. To prove causation you must show the court that the dangerous condition existed on the property, the owner knew or should have known about the dangerous condition, and your injury was a direct result of falling due to the dangerous condition.
- Liability – The owner and/or tenant is liable for your damages when you prove a dangerous condition existed AND the property owner knew or should have known about the dangerous condition AND you fell because of the dangerous condition AND your fall resulted in injuries. Liability means the property owner and/or tenant must pay for your losses and damages from your injuries.
- Plaintiff – You are referred to as the plaintiff in a premises liability lawsuit.
- Defendant – The property owner and/or tenant is referred to as the defendant in a premises liability lawsuit.
Have You Been Injured On Another Person’s Property?
Slip and fall accidents occur on private property and commercial property. If you are injured while on your neighbor’s property, at a friend’s home, at the grocery store, in a parking lot, at a hotel, amusement park, or any other property, the owner and/or tenant may be liable for your injuries. Because you have a limited amount of time to file a slip and fall case, you must act quickly.
Contact the slip and fall attorneys of The Broderick Law Firm, P.L. by calling 1-800-333-3903 to schedule your free consultation.