With the festive season upon us, it is more likely that most people will be out and about visiting friends and family, and, of course, gift shopping. At a time when decorations and lights adorn both businesses and homes, it is wise to be aware of tripping and slip & fall dangers.
We know that slip and fall accidents in particular can happen just about anywhere. For instance, a couple in Belleville is seeking damages against a Belleville gas station for injuries that were allegedly suffered by the wife after she slipped and fell on ice at the gas station.
The couple alleges that they were patrons at the Fuel Express station when the wife slipped and fell on an unnatural accumulation of ice that was located below a permanent canopy. The couple maintains that the defendants should have noticed this in advance and alerted patrons to the issue.
In addition to the victim’s claim for damages, her husband is also seeking damages for the alleged loss of consortium that was a result of the injuries to his wife.
Holiday Season Slip-and-Fall Accidents
It’s always good to be aware of the slip and fall dangers wherever you are, but during this festive season you should be even more vigilant, especially when shopping, dining out, and visiting friends.
When you slip and fall in another person’s property, proving fault in the case depends on whether the owner of the premises were aware of the danger, and allowed the dangerous condition to persist.
The court looks at different points to prove that the owner of the property is responsible for a slip and fall accident.
- Could the owner of the property have prevented the accident?
- Ought the property owner or his employee have known of the dangerous condition, or would another responsible person in his or her position have been aware of the dangerous condition and fixed it.
- The owner of the property or an employee knew of the dangerous condition and did not attempt to fix it.
- The employee or the property owner caused the dangerous condition (by either spilling some liquid or breaking the floor)
You will have to show the reasonableness of the property owner’s actions. Here are areas to look at:
- How long has the defect been present before the accident happened?
- Does the owner engage in daily cleaning of the premise? Can he or she show proof of the same?
- If the slip and fall accident happened due to tripping over something left in the place where you tripped on it, was there a legitimate reason to have the item there?
- If your slip and fall accident happened for tripping on something left with legitimate reason to be there, did the legitimate reason still exist at the time of the accident?
Contact Us for Assistance
Your chances of being awarded damages for the fall of your loved one or yourself depends on the ability to prove responsibility of the accused, and there is no question that you need a experienced lawyer to help you prove your case.
Charles J. Argento is committed to helping you get a favorable settlement for your pain, suffering, treatment and recovery following your slip and fall accident in the Houston TX area. Your call is welcome at (713) 225-5050 to schedule a free consultation – we speak Spanish and English.