Slip and Fall is More Than It Seems: Why You May Need an Attorney
June 18, 2018
Slip and fall accidents are most common in the winter, but can happen during any time of the year. Slip and fall accidents can cause serious injuries and point to negligence on the part of the person or business who allowed for the conditions that lead to the injury. It’s important to have the right accident attorney by your side so you can win the compensation you deserve after a slip and fall injury. Here are some reasons why slip and fall accidents are more complicated than they may seem.
Elements of a Slip and Fall
- Causation or Proximate Cause
- Purpose on the property
Each of these elements can be heavily debated, even if you know exactly what happened and which elements of the accident fit into each category. An attorney will help you clearly define if you have a case or not and how these elements relate to the law.
Dangerous conditions could include:
- Cracked or crumbling staircases
- Clear ice
- Black ice
- Uncleared snow
- Inadequate lighting
- Defective flooring
- Improperly secured mats
- Standing puddles of water
- Stairways and steps that violate building safety codes
- Hidden drop-offs
- Concealed holes
- Improperly maintained escalators, elevators, or moving walkways
These conditions are sometimes debated or dismissed by the business or individual who created the environment for the accident. An accident attorney will fight to get you the benefits you deserve after your slip and fall injury.
Physical evidence involved in a slip and fall cases usually disappear after the claim is filed, either by natural causes or from actions of the other party. Photographs of the hazard that lead to the accident can help a victim’s case, but even with photographic evidence, claims can be easily refuted due to existing or a lack of existing evidence. Experienced accident attorneys have access to resources such as professional investigators, who will help verify the truth.
Debated Definitions of Slip and Fall
Partially due to our state’s harsh weather, the definitions and stipulations of slip and fall claims have been debated for decades. Through Michigan’s Open and Obvious Doctrine, individuals and property owners who may be otherwise at fault are protected if the victim of the accident could have discovered the hazards after casual inspection. However, the vague and sometimes questionable definitions in this doctrine leave the situation open to interpretation. This makes it easy for businesses and individuals to take advantage of a victim who is already hurting and may not be at fault. On top of this, the terms may be different if the victim was injured on public property, which involves a different set of difficult policies, doctrines, and laws. A slip and fall lawyer will understand your case and will guide you through the complicated turns of Michigan accident law.
The Sam Bernstein Law Firm takes every slip and fall accident claim seriously. We treat our clients like family, and we will fight for your right to the compensation that you deserve. Slip and fall law is complicated, but finding the right accident attorney is simple. For a free consultation, call us at 1-800-CALL-SAM.