The Importance of Location in Slip and Fall Cases

The Importance of Location in Slip and Fall Cases

Slip and fall accidents can happen at any time and in any place or location. Every year, there are more than one million emergency room visits as a result of slip and fall accidents. This makes up an average of 12% of the total number of fall-related injured people who go to the emergency room.

Regardless of the location where the slip and fall occurred, if it’s not your fault but someone else’s, you have the right to file a personal injury claim.

Like any personal injury case, the goal of a slip and fall case is to prove the property owner’s negligence. The location of the accident is an important detail in the case. Depending on the location, the procedures for slip and fall cases will differ.

Common Locations for Slip and Fall Cases

Again, slip and fall accidents can happen anywhere. However, most cases have been reported in public places where people walk regularly. Some of the more common places where this type of accident happens include:

Government Property

A slip and fall case can be pursued against an accident that happened on government property as long as you’re able to prove that the government entity was negligent in a way that led to your fall. The procedural requirements for pursuing such a case are very unique and require providing a formal notice of injury. Depending on the jurisdiction, there is a short deadline allowed for doing so. There may also be a statutory limit on the amount of compensation victims can receive.

Companies or Stores

These kinds of locations are usually open, so people can come in and do business. As a result, it is expected that the premises be made safe for their customers and visitors. To avoid accidents, they are to take steps to identify and fix hazards.

Rented Apartment

Landlords have to maintain a safe and secure property for their tenants. If you slip and fall on a rented property, there are instances where the landlord could be held responsible. However, you must prove that the landlord was knowledgeable about the hazardous condition and had a responsibility to correct it but failed to do so. When tactically pursued, you may successfully end up with compensation.

Workplace

When you are at work and a slip and fall occurs, you are likely to be covered under the workers’ compensation law. This is assuming that the accident occurred during normal working hours. If the accident was solely due to the negligence of your employer, you may want to formally pursue a case. In this situation, you will have to prove that your employer was responsible for your injury.

Distinction Between Slip and Fall Cases in Different Locations

Different locations or places present their own unique circumstances. This can influence the outcome of any slip and fall claim or lawsuit.

Insurance Policies

The type of insurance policy at play is an important distinction to make. Depending on where a slip and fall accident occurs, the details of insurance policies will differ. If the injury occurs at a residence, you will need to go through a homeowner’s insurance policy. When it occurs on business premises, it will go through a commercial policy. Generally, most insurance policies for homeowners have lower recovery limits compared to commercial policies.

Proving Liability

The concept of a personal injury claim is getting compensation for injury caused by another’s neglect or carelessness. However, you must prove that the supposed liable party is actually at fault. This proof is to showcase that their negligence contributed to your accident. Depending on where the injury occurred, establishing negligence will require a different investigative process. Also, there may be different standards of care for different locations and circumstances.

Ownership Identification

Ownership identification is another key difference between slip and fall cases in different locations. This, however, can be more complex for some locations. For instance, when a slip and fall occurs on a residential premise, the liability may go to the landlord. As much as renters may occupy a residential property, they are not the true owners. The landlord may have to be identified in this case.

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