Business owners are responsible for maintaining their property and clearing safety hazards before someone gets hurt. To determine whether the business owner was negligent, the court must compare their actions to those of a reasonable person facing a similar situation.
For instance, grocery store or restaurant personnel should be vigilant about spilled liquids or foods. While you might be embarrassed after slipping, when you get hurt in an incident like this, you could face significant injuries or losses.
Fortunately, a Milpitas slip and fall lawyer can explore your right to compensation from the business’s insurance carrier or a civil lawsuit. Call our hardworking injury attorneys for help today.
What is a Slip and Fall Incident?
Slip and fall accidents often occur when guests, called licensees, get hurt at someone’s home or a commercial establishment. Licensees include anyone who engages in a transaction that benefits a business owner. Property owners have a solemn responsibility toward invitees to keep them safe.
The owner or manager of the business has a duty to fix or warn patrons about hazards discovered through routine inspections. Spilled liquids are an example of this since grocery store personnel should inspect aisles regularly to minimize slipping hazards.
Even when a careless employee causes someone’s injury, the owner who profits from the guest is vicariously liable for their damages. Because duties vary depending on the type of visitor, consulting a knowledgeable attorney in Milpitas who can assess the slip and fall case is crucial.
Where Do Slip and Fall Accidents Occur?
Determining who is liable for a slip and fall accident requires determining whether the defendant acted negligently. When someone fails to act responsibly, and their actions cause another person’s injuries, the elements of negligence are met. Common locations where tripping incidents occur include:
- Apartment buildings with unlit stairwells and buckled carpeting
- Cracked or uneven sidewalks caused by massive tree roots
- Commercial establishment restrooms where slow leaks leave floor areas slippery but do not have a warning sign
- A store with heavy foot traffic on a rainy day fails to mop the puddles at the entrance
The landlord and property owner will try to mitigate their damages by creating a strategic defense. They may claim the hazard was obvious and the injured person overlooked it. An experienced lawyer in Milpitas can evaluate how a slipping incident occurred and create an argument that
Compensation After a Slip and Fall Accident
The Centers for Disease Control and Prevention (CDC) reports that injuries occur in one of every five falls. When someone hits their head on a hard surface or object, they may suffer a concussion, traumatic brain injury (TBI), or broken neck, as well as brain swelling. Severe injuries like these require costly medical care, preventing the injured person from working and causing
Because many commercial enterprises in Milpitas carry liability insurance, a skilled slip and fall attorney can negotiate a sizeable settlement, depending on the severity of the injuries. Unfortunately, insurance companies prioritize profits over payouts, offering settlements far below what the injured person deserves. When negotiations stall, a seasoned legal representative can file a lawsuit for economic damages, including medical bills or wage replacement, as well as non-economic, including subjective losses like physical pain and suffering.
A Slip and Fall Attorney in Milpitas Works Hard to Obtain Compensation
You could have legal recourse when you sustain injuries in a slip and fall. Dangerous conditions that go unrepaired or do not come with a proper warning can result in significant consequences for the property owner.
Licensees and invitees have the right to safety when visiting a business or home. When accidents occur, a careless homeowner or business manager may be responsible. A Milpitas slip and fall lawyer steps in when you get hurt. Call our energetic and dedicated attorneys today for help.