If you have slipped and fallen on a premises, you are likely to wonder whether the ordeal that you went through entitles you to make a claim for damages. This is sometimes, but not always, the case. Some people assume that it is the extent of a person’s injuries that dictates their ability to make a personal injury claim, but it is, in fact, the cause of the injury that is important and the circumstances surrounding it.
If you have started to explore the possibility of making a claim for your slip-and-fall injury, you may have come across the term “negligence.” The following blog will explain this term and how it relates to your premises liability claim.
What is negligence in a slip-and-fall injury?
All premises owners have the legal duty to keep their property safe for those visiting. This means that they should be monitoring the status of their premises, and reacting to any potential dangers that become apparent. If the premises does not react in a reasonable way to fix a danger on their premises, they will be acting negligently.
How can showing that negligence was present help my premises liability claim?
It is necessary to show that premises negligence was the cause of your injury and the associated damages to be successful in your claim. For example, if a customer spills a drink in a restaurant, the staff in the restaurant should identify that there is a potential risk for slipping, and take action immediately to make the situation safe again.
They may decide to cordon off the area or to clean the floor. However, if they do not take appropriate action in a reasonable amount of time and a person becomes injured, it will be possible for them to make a premises liability claim.
What is meant by the term “proximate cause”?
A person making a claim should not only show negligence, but also proximate cause. This means that they must show that if the negligence did not take place, they would not have suffered damages.
If you have been injured on a premises and you are suffering physically and emotionally, you must make a premises liability claim and stand up for your rights.