If you were on someone else’s property and you slipped and fell, you might be eligible for compensation. However, it is important to know that the property owner is not automatically at fault. You will have to prove notice, which involves proving that the owner or property manager either knew or should have known that there was a hazardous condition.
You must further show that they were not reasonable in their failure to fix, warn, detour, or barricade the area in order to prevent injury. The two types of notice are actual and constructive, and they are quite different. Keep reading to learn the facts about what they are and then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation with an experienced attorney.
Actual Notice
If the party who owned the property (or otherwise owed you a duty of care) knew that there was a dangerous condition, then you will need to prove actual notice. For example, if you slipped and fell at a grocery store because of a spill, and you can prove that the manager was told of the spill but told their workers to continue unloading a milk truck before cleaning it up or placing a “wet floor” sign, then they could be held accountable for your injuries.
The most powerful form of actual notice evidence is written notice. For example, if a person sent a certified letter to their landlord complaining of a leak every time it rains, and then someone was injured due to the results of that leak, then there is a very strong case that the owner knew about the issue and failed to take reasonable steps to prevent injuries.
Constructive Notice
This refers to cases in which the at-fault party did not know about the dangerous condition but should have. Consider the example above, of the roof that leaked. If that condition was there for many years, then the landlord or other managing agent should have discovered the issue by doing a minimum of reasonable inspection.
It can sometimes be harder to prove that a defendant should have known than to prove that they did know, but by working with industry experts, we can often prove these cases. At the end of the day, it is the responsibility of any property owner to routinely inspect their property to ensure there are not serious hazards.
If you have been injured in a slip and fall accident and want to know what your best options are for moving forward, then we recommend contacting The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation. We are here to help you find the best way to get a fair result from your case.
