For many people who suffer bodily harm as a result of a tripping accident, they are unsure of whether their specific case rises to the level of property owner negligence. Board-certified slip and fall attorney David E. Gordon has handled many of these claims in the past and knows what to look for. There are many common slip and fall scenarios in Memphis, and your situation might share similarities with others who have successfully won a lawsuit.
Defining Slip and Falls
A slip and fall accident is one where somebody is injured on the property of another as a result of the owner’s negligence. This means the owner created a dangerous condition or they failed to alleviate a dangerous condition that presented itself. Slip and falls can be divided largely into residential cases and commercial cases. The legal basis of liability is the same for both the residential property owner and the commercial property owner, but the situations can vary a great deal. It is common for a slip and fall scenario in Memphis to be an act of negligence rather than an active desire to harm.
Falls on Residential Property
Residential property injuries occur because the homeowner has not fixed a hazard in or around their home, such as an exposed extension cord, a broken stairway, or loose floorboards. A similar fall could occur on a person’s driveway because the homeowner has left it in a state of disrepair and the guest trips while walking across it at night. Even if there is not an obvious hazard present, a homeowner could potentially be liable if someone falls down some steps due to the lack of necessary lighting.
Falls on Commercial Property
Slip and fall injuries on commercial properties occur most often when a dangerous substance has accumulated on the floor. In these cases, the commercial establishment is responsible for the fall if they were also responsible for the substance on the floor, or if they knew about it and did nothing to clean it up. It is not unusual for a refrigerated unit in a grocery store to leak water regularly on the floor nearby.
When a person falls as a result of a condition like that, the store owner is responsible. Slip and fall injuries can occur in department stores and grocery stores when boxes or pallets are left unattended in the aisle. A customer could come around the corner and not have time to avoid the box or pallet, and get hurt as a result.
Proper Notice of Hazards
Businesses like department stores, grocery stores, and restaurants have policy manuals that require a regular examination of all entryways and aisles. Whenever an employee becomes aware of any kind of dangerous condition, especially a liquid on the floor, they are required to post signs and take immediate steps to eliminate it.
Similarly, whenever a grocery store, restaurant, or hotel is cleaning the floor or a bathroom, their policy manual requires that they give notice to all customers. They must post warning cones and take all reasonable steps to alert the public that the floor is hazardous. The failure to do that can result in their legal liability for any injury that followed.
Many slip and fall scenarios in Memphis commonly result in injuries to the arms and legs. Many individuals get fractured ankles, injured knees, or torn shoulder muscles. If they fall on their face or head, they could suffer broken teeth, a broken nose, or potentially traumatic brain injuries. No matter what the losses are, David can construct a sound argument for compensation.
Discuss Common Slip and Fall Scenarios with a Memphis Attorney
Do not delay in reaching out for help. The Law Office of David E. Gordon can provide an analysis of your situation and determine your next steps. Call us now to see if you experienced one of the common slip and fall scenarios in Memphis that warrants legal action.