Slip, Trip or Fall Accidents ~ Dan Robin, Jr. Accident Attorney
If you have been injured by slipping, tripping or falling on someone's property and are considering the pursuit of a legal claim against those who were at fault, you should discuss your potential case with an experienced attorney as soon as possible. Louisiana Statute of Limitations (Civil Code Art. 3492) defines 1 year as the time limit in which injured persons may initiate legal proceedings for a personal injury lawsuit. Often also defined as "premises liability" claims, (slip and fall accidents usually occur on property or "premises" owned or maintained by someone else), the owner or possessor of the property may be held legally responsible.
Some common slip, trip or fall accidents are related to:Broken mechanics or equipment (elevators, escalators, scaffolding, etc)
Building code violations
Faulty or poorly maintained floors or flooring (torn carpet, missing tiles, worn smooth surfaces, etc)
Hazards hidden by rain, mud, ice or snow
Lack of porch or balcony rails (or properly maintained rails)
Lack of handrails (or properly maintained rails)
Narrow stairs or staircases
OSHA jobsite violations
Pot holes or broken and cracked public walks
Uneven flooring or walks
Unattended spills (lack of clean up)
There is no concrete way to determine when someone else is legally responsible for your injury if you slip, trip and fall. If it can be proven there was a dangerous condition that the property owner did not address creating an obvious danger, then a property owner could be deemed liable and legal action initiated. However, if a person falls simply because he was not looking where he was walking, it stands to reason they cannot file a claim against the property owner, as the owner was in no way at fault, no matter how serious their injury might be.
If an injury occurred on commercial premises, there could be a number of people or entities held responsible for the injury. For instance, if a business rents space from a commercial property owner, both the property owner and the tenant (the business) could be named as defendants in a lawsuit, in addition to a party that may have been hired to "maintain" the property.
For private property (homes or residential settings), landlords may be held responsible to tenants or third parties for slip and fall injuries on rental property.
And if a slip and fall injury occurs on property owned by local, state, or federal governments, special rules could apply, as there are more stringent notice requirements and broad immunity provisions that might shield government entities from liability for injuries that occur on their property.
In all these cases, if you slip, trip and fall on someone else's property and are considering a legal claim, you should discuss your potential case with an experienced attorney to see if there is legitimate fault or negligence. Dan Robin, Jr. offer free consultations to help you evaluate your injuries and the law.