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A quick look at slip-and-fall premises liability claims

A slip-and-fall accident can leave you with serious harm. These injuries can affect your back, neck, ankles, legs and even your brain. These injuries, in turn, can leave you with physical and emotional pain and suffering, as well as severe financial losses in the form of unexpected medical expenses and lost wages. All of these losses can leave you overwhelmed and stressed about your future. Fortunately, though, you might be able to recover compensation for your damages, which can go a long way toward helping you obtain the medical treatment you need to reach a full recovery while retaining financial stability.

However, before liability can be imposed and compensation can be recovered, you have to prove certain legal elements. In a premises liability case, a lot depends on your status when entering the property of another, which is one element that must be proven. In the context of a store, customers are considered invitees, which means that property owners owe the highest standard of care. That standard of care is one of reasonableness. Property owners must take reasonable steps to ensure that hazardous property conditions are identified and remedied in a timely fashion.

In many of these cases, a lot will hinge on the foreseeability of the accident or injury in question. For example, spilled liquid on a grocery store should be expected from time-to-time, which means that it is highly foreseeable. Therefore, a property owner must take reasonable steps to ensure that aisles are free of liquid, which is usually accomplished by simply walking the store. Additionally, once dangerous property conditions are identified, a property owner should warn invitees of the condition until it can be remedied. In the wet floor circumstance, this may mean putting up warning signs around the spill.

Proving a premises liability claim can be tricky business. Defendants will often argue that the victim was acting negligently at the time of the accident or that reasonable steps had been taken to identify and correct hazardous property conditions. However, with skilled legal preparation, slip-and-fall accident victims can develop litigation strategies that maximize their chances of success.

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