Just Because You Fell And Were Injured On Someone's Property Does Not Mean You Will Win A Lawsuit
If you have suffered a bodily injury after falling on someone's property, you probably want to sue the property owner. Most of the time, there is an insurance policy that protects property owners in this situation. However, there are times when getting compensation is not going to be easy; in fact, you may not get any at all. You need to contact a lawyer experienced in handling slip and fall cases to find out if you have a case at all. Here are a few situation that will be difficult to collect on.
You Were Not Invited onto the Property
It makes sense that you will have a hard time collecting on a slip and fall injury if you were trespassing. However, trespassing includes being on the property after the establishment has closed for business. If you go to a business after hours to visit an employee who is cleaning up or finishing work, and you slip on a wet floor, you may be out of luck. An attorney may be able to convince the court that the employee is at fault, so the business's insurance will pay, but you will definitely need legal help.
You Are Partially, or Fully, at Fault
If you climb to reach an item on the top shelf and fall, the courts could say it is your fault and you will not receive any compensation. However, if someone leaves a small step stool out, and you fall off it, a good lawyer may be able to convince the court you thought it was there to reach the higher shelves. Sometimes the fault is partially yours, as in you should have seen there was a broken pickle jar in the aisle and avoided it. In these cases, you may receive partial compensation. Of course, your lawyer may prove you should feel safe enough in the establishment to not pay close attention to these things.
No Wrongful Act
There are times when an accident occurs that is a complete accident that no one could have foreseen. A child throws a baseball and it goes through a window and you slip on a piece of broken glass. If this just happened, and there was no chance for an employee to clean up the glass, the establishment is not at fault. While you may think you can sue the parents of the child, this is probably not going to happen. Your lawyer may get the business to compensate you because you would not have been hurt if the business was not there.
Just because you were injured while on someone else's property does not mean you will get a large settlement. A lot will depend on how the case is presented to the court. Hire a slip and fall lawyer for the best chances of an outcome in your favor. Talk to experts like Putnam Lieb for more information.