How To Pin Liability In Slip And Fall Lawsuits

As we approach the freezing temperatures of the winter, we should be prepared for frozen walkways and the dangers which stem from it. You should make sure that you are extra careful when walking on a frozen surface because a slip and fall accident might cause devastating consequences. Generally these accidents are going to occur when a person slips and falls on someone else’s property and they are definitely not limited to frozen walkways.

If the accident of this type is actually attributable to the owner of said premise or someone who is currently in charge of it, the injured party is entitled to sue for the damages that he or she had incurred. This is the main reason for which these types of cases fall within the category of premise liability. Slip and fall lawsuits are most usually brought forward against business owners and municipalities. So, with this in mind, let’s take a look at the specifications which surround both scenarios.

Filing a slip and fall lawsuit against a business owner

The Occupier’s Liability Act is applicable in situations where the injuries have been caused due to trip or slip and fall. The same legislation governs that the occupier is liable for the damages caused by the premise on third parties due to negligence. So, a common example would be when you slip and fall in a store because the floor was recently mopped but there were no warning signs. Of course, this is just an example of the tip of the toe and there are many other possible situations. The claimant needs to file his intent to sue and after that he has 2 years to file his actual claim. However, after the intent, the defendant under the claim has 30 days to provide explanations and to defend himself accordingly.

Filing a slip and fall lawsuit against the municipality

Now, apart from the terms, the entire situation is generally the same. When you are injured on public property like a walkway, for instance, which hasn’t been properly maintained, you will need to file your letter of intent. After that the municipality will take 60 days (that’s where the difference is) to review the letter and express opinion. After these 60 days have passed, you will have the chance to file your claim in court.

Injuries can be minor or severe, depending upon the fall you had. They can range from fractures to spinal cord and brain injuries. That is why it is important that you

Keep in mind that there are a few things that you might want to take into account when it comes to it. You should take pictures and get as many witnesses as you can who have seen you fall. This is going to make it a lot easier for you to prove your case in court, rendering the entire situation a lot more convenient.