Have you been injured in a slip and fall accident? A slip and fall accident falls under premise liability law. A slip and fall occurs when a person slips or trips and suffers injury as a result on the property of another. A slip and fall accident may occur from dangerous conditions like poor lighting, narrow stairs, wet floors, or torn carpeting.
In order to determine whether someone may be liable for a slip and fall accident it must be determined whether the property owner acted carefully so as to prevent injuries to others. Acting carefully may entail taking precautions to avoid harm where there is a known harm. Acting carefully may further entail taking precautions to avoid harm where there is an anticipated harm.
While the owner or occupier of land is required to take precautionary measures when he knows of a dangerous condition the injured is required to show his injuries resulted from a dangerous condition that the owner or occupier of land knew about.
A dangerous condition must be such that it poses an unreasonable risk of harm. The dangerous condition must also be one that the injured party could not have anticipated. Essentially, the injured must take steps to avoid obvious dangers.
In order to show the owner or occupier of land knew about the dangerous condition and failed to remedy it the injured party must show: 1.) the owner/occupier created the condition, 2.) the owner/occupier knew the condition existed and negligently failed to correct it, 3.) or that the condition existed for such a length of time that the owner/occupier should have discovered and corrected it prior to the slip and fall accident.
Laws regarding slip and falls on commercial property may differ from the laws regarding slip and falls on residential property. Who may be held liable for your injuries may also differ depending upon the facts in your case. Daniel Selwa will provide a free consultation to evaluate and discuss your slip and fall case with you. Call him today at 843- 492-5449 to discuss your slip and fall accident. The law offices of Daniel Selwa are located at 516 29th Avenue North in Myrtle Beach, South Carolina.