A slip and fall is a kind of personal injury tort. It is based on the fact that an injury occurs because of the negligence of someone else. Knowing the kind of case that you have is an important part of receiving the compensation that you deserve. Our personal injury attorneys at the law firm of Louis B. Himmelstein & Associates explain slip and fall accidents.
A slip and fall is a personal injury kind of tort. It is a civil claim based on negligence. The purpose of a slip and fall case is to hold someone accountable for causing a personal injury accident. Specifically, a slip and fall personal injury tort is a premises liability tort. The basis for the claim is that the property owner failed to take reasonable steps to keep the property clear of dangerous hazards.
Slip and fall premises liability torts
Slip and fall accidents fall under the category of personal injury torts. A tort is a civil case. That means it’s brought by the victim rather than by someone who represents the state. The person who brings a slip and fall tort claim asks for money as compensation. Other kinds of civil cases may demand other things like court orders for certain actions; however, a slip and fall case is strictly about monetary compensation.
There are many types of civil tort actions. A slip and fall case is a personal injury tort case. Specifically, it is a premises liability case. The legal grounds for the case is that it is the defendant’s fault that an injury occurred. The law looks at whether the defendant used enough care. The jury evaluates the care used based on what a reasonable person should have done in the same situation.
Premises liability in slip and fall claims
All property owners must maintain their property. When guests and visitors come on the property for various reasons, the property owner has a duty to keep them safe. The exact care that the property owner has to take comes down to why the person is on the property. In the case of customers, the standard is the highest. Even visitors for things like social visits or package delivery enjoy some level of protection from dangers on the property. Your personal injury attorney can help you understand what duty of care applies in your case.
Why is it important to know what kind of legal case you have?
It’s important to know what kind of legal case you have in order to properly prepare your court documents. The first legal papers are called pleadings. You need to know what to say in the pleadings. In addition, the type of case that you have determines what you need to prove in order to win your case.
Our personal injury law firm can help you identify the type of case that you have. Let our team discuss your case with you and answer all of your questions. Call our personal injury law firm today for your consultation.