If you suffer a slip and fall injury and need to work with a personal injury attorney, you will likely have many questions for them. However, they are going to have questions for you too. Knowing what the questions are can help you prepare for your initial meeting. If you have questions about what is listed here or other issues related to your case, contact The Law Offices of Larry H. Parker at 800-333-0000.
- Why Where You on the Property?
- Was There an Obvious Danger?
- What Damages Have You Incurred?
Landowners have a duty of care to keep anyone who is on their property – in some cases, even including trespassers. However, there are exemptions that might apply if you are not lawfully on a person’s property. There are also situations in which you can be legally on someone’s property and they could be not at fault even if they were clearly liable.
For example, if you walk on an unpaved trail that is overseen by the state, you are doing so at your own risk. If there is a dip in the path and no warning, the state is not likely to be held responsible because you are considered to have taken on the risk when you got on the property.
Another example is if a person was on someone’s property lawfully but was not acting lawfully or in accordance with the invitation they were given. For example, if a person invites their neighbor over for lunch, and that neighbor goes in the backyard and uses a trampoline without permission, the owner might not be responsible because though the victim had permission to be on the property, they did not have permission to take part in that specific activity.
If you were injured due to an open and obvious danger on the property, then the owner is not likely liable for your injury. While a property owner has the responsibility to keep their property safe, you have the responsibility to be aware of your surroundings and to avoid obvious dangers. For example, if a person was stepping over a ditch, and that ditch collapsed as they walked over it, the courts would likely find for the defendant on the grounds that the plaintiff should have known a ditch was dangerous and taken appropriate precautions to protect themselves.
Just being injured does not mean that you have the right to file a personal injury case. You must also show that you have suffered damages as a result of the injury. This could include economic damages such as medical bills and noneconomic damages such as pain and suffering.
If you are ready to talk to an experienced attorney who can help you determine your options, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.