Suffering a slip and fall accident can be a traumatizing experience, both
emotionally and physically. In addition to trying to recover from your
injury, you need to find a way to support yourself until you can return
to work, which is why many people choose to file a personal injury lawsuit.
However, if you’ve fallen in a rented apartment or house, then you
might be wondering if you’re even eligible to file a suit.
Here are some of the complications involved in slip and fall cases and
advice for when you should hire a premises liability lawyer for your case.
Falls in Your Home
The main complication involved in a premises liability case is where your
fall took place. For instance, if your fall happened inside your apartment,
then you may have an uphill battle proving that your landlord is responsible
for your accident. Fortunately, there are some instances where your landlord
is culpable for falls that happen inside of your home.
Let’s say, hypothetically, that the flooring in your home has started
to crack and is now unsafe to walk on. If you’ve notified your landlord
of the unsafe conditions in your home and they did nothing to rectify
the situation, then they can be held liable for any falls that occurred.
If, however, you did not contact your landlord about the problem, or if
you yourself did not take reasonable precautions, then it will be difficult
to win your case.
Accidents in Common Areas
In apartment complexes, there are generally a number of common areas, including
sidewalks and parking lots, where you could potentially suffer a slip
and fall accident. However, slip and fall claims involving common areas
are not as easy to win as you might think.
Your landlord’s liability for common area accidents will depend entirely
on the terms of your lease. Not all landlords, for example, are required
to keep common areas clear of snow, ice or other substance, which means
they aren’t liable for falls that take place due to this issues.
On the other hand, if your landlord includes common area management in
your lease and they fail to uphold this responsibility, then you will
likely be able to win your claim.
Proving Your Landlord is at Fault
Your biggest responsibility in winning your slip and fall case will be
to prove your landlord was at fault. Before you can prove this, however,
you will need to gather the evidence necessary to demonstrate your claim.
First, you should make sure to fully document the scene of your accident,
especially with picture or video evidence. Secondly, there were witnesses
to your fall, you should collect statements immediately after your accident.
If you’ve never had to collect evidence for a personal injury lawsuit
before, it can be helpful to consult with a premises liability lawyer
for assistance with your claim.
Get Help from a Premises Liability Lawyer
Following an apartment complex slip and fall accident, it can be hard to
know how you’ll move on with your life. Getting the compensation
you need following your accident is easier when you have the guidance
of a premise liability lawyer from the
Dunnion Law Firm. When you work with us for your premises liability suit, we will treat
your claim carefully and compassionately, which is what you deserve.
Contact us today to learn how the Dunnion Law Firm can work for you.