Questions About Slip and Fall Accident Lawsuits

    CHATTANOOGA, TN, May 14, 2010 /24-7PressRelease/ -- For many people, slip and fall accidents and lawsuits are one of the best jokes for making fun of personal injury lawyers. But all laughing ends when you or someone you love has been seriously hurt in a slip and fall accident at a local store. Then you have questions and you need answers. Here are some basic questions and answers about slip and fall accidents lawsuits.

When can I file a lawsuit over a slip and fall accident?
You have the right to file a lawsuit over any accident or injury, but you may not be able to recover damages.

How can I know whether I will recover damages for my slip and fall accident?
Laws vary from state to state, but in general most of the time you can only recover damages if all three of the following are true: 1) Your fall was due to a hazard on someone else's property 2) Did the property owner know of the hazard or should the property owner have known about the hazard? 3) Did you suffer real, documented injury?

What is considered a "hazard"?
A hazard is anything that is a safety problem for any person conducting him or herself in a reasonable way on the property. This includes damaged stairs or flooring, uneven surfaces, missing handrails, debris-strewn across the floor, and icy, wet, or slippery surfaces.

When can we say a property owner "should have known" about a hazard?
Most hazards that cause slip and fall accidents are preventable or correctable. Many of them are chronic, foreseeable, and persistent. Crumbling concrete doesn't happen overnight. Uneven stairs or surfaces are likewise slow to develop or have been uneven since construction. In rainy weather, floors get wet, and in cold weather, certain surfaces become covered in icy. A property owner should know about all these types of hazards.

Other hazards develop quickly, such as a spill or merchandise, debris, or tools strewn in a walkway. Every employee is a representative for the property owner, and employees should be trained and equipped to correct hazards or post appropriate warnings and barriers. If an employee caused the hazard, the property owner may be held responsible. In the event that a spill is caused by another customer, a property owner may have a window where he is not responsible for injuries. But business property owners have invited you to their property and they have a responsibility to exercise reasonable vigilance to ensure that their property is safe, so no spill should be on the floor for too long.

How do I document my injuries?
The best way to document your injuries is to get medical attention immediately after your accident, even if you think you are fine. Some serious injuries take time to surface.

Where can I go to learn more about slip and fall accident lawsuits?
Many personal injury lawyers maintain websites that contain much useful information customized to the laws of your state. If you are in Tennessee, visit the website of Gary Starnes, Attorney at Law today.

If you are in Tennessee, visit the website of Gary Starnes, Attorney at Law today at www.garystarneslaw.com.

# # #