Special Situation And Exceptions In Slip And Fall Injury Cases Article

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Special Situation and Exceptions in Slip and Fall Injury Cases

A slip and fall accident may occur anytime. Under any condition, a slip and fall accident may result in injury, physical harm, or mental and psychological trauma.

Author: Manuel Salvacion

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A slip and fall accident may occur anytime. Under any condition, a slip and fall accident may result in injury, physical harm, or mental and psychological trauma.

Several conditions may cause a slip and fall accident. When a person slips, falls or trips in someone’s property, the property owners may be held liable for the accidents. Some slip and fall accidents are caused by dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor.

Other contributing factors in a slip and fall accidents are:

• Broken stairs, broken steps, and dangerous stairs or landing areas

• Dangerous sidewalks, cracks, an potholes

• Defective, inadequate, or inoperative lighting

• Failure to warn people of hazardous or dangerous conditions

• Failure to make improvements or repair

• Slippery or wet floors

• Injury caused by landlord negligence

• Wheelchair ramps without handrails

• Poorly designed wheelchair ramps

• Uneven flagstone patios

• Floor mats not laying flat

But there are some exceptions to general slip and fall and premises liability cases. They include:

• Trespassers - Property owners are not necessarily subject to premises liability laws when it comes to injuries incurred by trespassers on their property. This is also true of burglars and other uninvited guests.

• Children - Children are an exception to the trespassing rule because the law acknowledges that children often do not perceive danger as well as adults. A property owner must take steps to ensure the safety of children who play in the area, even if they are not supposed to be there.

• Workplace accidents - Currently, there are workers' compensation laws in place that hold employers strictly liable for most on-the-job injuries, including those resulting from slip and fall accidents, that their employees suffer. However, the amount of damages that the injured can collect is limited.

• Government property - In cases of government property, such as public parks, the federal or state government may bear legal responsibility for personal injuries incurred on the premises. Slip and fall / premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Cases must be brought within a certain time limit.

While some slip and fall cases in California can be handled on your own in Small Claims Court, other serious cases will require the assistance of an attorney.

Slip and fall cases can be difficult to prove and will often require the skills and experience of a good personal injury lawyer. In most cases, California slip and fall injury attorneys can give you competent assessment of the case to enable you to get rightful recoveries for your injuries. Among other things, an attorney can also deal properly with the owner of the premises and the insurance carrier. He can locate experts to help in the evaluation and presentation of your case, if it proceeds to trial. Most slip and fall cases are handled as contingency fee cases, which means that the attorney is paid at the conclusion of the case, when you have recovered your claims.

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Special Situation and Exceptions in Slip and Fall Injury Cases