Who is to Blame in a Trip and Fall Accident?

In some instances, a property owner may have a duty to post warnings of a danger but these warnings must be visible and effective in order to be deemed sufficient.

Choosing the Right Trip and Fall Lawyer

Trip and fall cases are often challenging and difficult to prove. To prevail, a trip and fall lawyer must establish not only the existence of a dangerous condition, but the property owner's actual or constructive knowledge of that condition. An experienced trip and fall lawyer would initiate an immediate investigation, and conduct a site inspection to ascertain the dangerous condition that caused the trip and fall accident; secure evidence of the dangerous condition before it "disappears"; track down witnesses to the trip and fall accident or with knowledge of the dangerous condition; locate proof of prior complaints about the dangerous condition or of prior trip and fall accidents at the same location.

A resourceful trip and fall lawyer would then hire the appropriate experts on safety standards to determine the applicability and violation of governmental codes and regulations, and thus establish liability on the part of the negligent property owner for the trip and fall. For example, if the trip and fall occurred on a faulty staircase, he might engage the services of a structural engineer to show deviation in the height or width of the steps.


Trip and Fall Accident Lawyers

While the word trip may sound innocent, any victim of a trip or fall accident can tell you that their injuries are nothing to joke about.

Who is to blame?

While the property owner and the visitor of that property both share a responsibility to take reasonable safety precautions, the property owner must warn visitors of unexpected, dangerous conditions and they must maintain their property to avoid creating hazardous conditions.

In cases involving trip and fall accidents, generally plaintiffs must prove that the property owners either failed to maintain the property or created an unsafe condition which caused the injury (there are other theories as well.

Where do they happen?

Trip, trip and fall accident cases can occur anywhere. This area of the law, known as premises liability or trip and fall, allows people injured because of negligent property conditions, such as a defective condition or foreign substance or object, to claim compensation for their medical expenses, lost wages, and other costs incurred because of the accident. These types of personal injury cases include, but are not limited to, accidents occurring in supermarkets, on the street or sidewalk, on stairs, and in elevators.

Common trip, trip and fall accidents occur from defective sidewalks and streets, uneven floors, stairway accidents, torn carpeting, lack of railings, inadequate lighting and obstructions on walkways. Get the best trip and fall accident lawyer to handle your case you can find. Look for experts in the field of personal injury law, in a trip and fall accident lawyer who has a long track record of high monetary settlements.