A person can slip and fall in many situations, resulting in anything from a minor injury such as a sprain to more serious injuries including traumatic brain injuries, broken bones, and back injuries. The accident may happen on a wet floor in a store, on an uneven sidewalk, or in a parking lot. A person may trip over a cord or other obstacle in an office or while visiting someone at their home. Each of these incidents can result in serious injury.
Unfortunately, slip and fall accidents have been treated unfairly by many insurance companies. This practice has led to many myths about slip and fall claims. Therefore, you must know the truth about slip and fall claims by recognizing the myths surrounding this type of injury.
- Automatic Compensation for Falls
- Many people believe they are automatically entitled to compensation if they fall in a store or other public area. This is a common myth that often leads to frivolous claims. The truth is the property owner is not responsible for your fall unless you can prove the property owner was negligent in some way. For instance, the owner knew about a spill but failed to post a warning or clean it up in a reasonable time. Another example would be a property owner who knows a handrail is missing but fails to remedy the potential hazard.
- Filing a Report is the Same as Filing a Claim
- Another myth is that when a store employee takes down your information, the person is not admitting responsibility. Just because the owner or his representative asks for your contact information, it does not mean the owner intends to pay for the injury. The owner is simply documenting the situation in case you file a claim.
- The Victim Has No Responsibility
- A person who sees a potential hazard has the responsibility to avoid it. The store owner may not have had time to discover the problem, which would mean the store is not liable for any injuries that resulted from your slip and fall if you could have reasonably avoided the situation.
- Wet Conditions Always Result In A Valid Claim
- Not all accidents resulting from a spill or icy/wet conditions are automatically the fault of the facility owner. The victim must be able to prove that the owner either knew about the dangerous condition or should have known about the dangerous condition and failed to take action in a timely manner.
- Landlords Are Always Responsible
- Accidents that occur on rental property are not always the fault of the landlord. Some people assume if they are injured in an apartment or house they rent, they can hold the landlord liable. In most cases, you are responsible for your own property and any accidents that happen on your property. The only time a landlord is responsible is in common areas or when your lease stipulates it. Landlord cases can be extremely complex and difficult.
Call an Experienced Fresno Slip and Fall Accident Attorney
To determine if you have a valid slip and fall claim, our attorneys must know the facts and circumstances surrounding your fall. Therefore, we offer free consultations and no-obligation case evaluations so we can learn more about your specific situations and you can get the facts about Fresno slip and fall claims.
For your free appointment with a California slip and fall attorney, call Torem & Associates at 1-800-954-4444 or use the contact form on our website.