1-800-964-0361
Slip and fall accidents are often, that goes without saying. However, there are a few different things that should be taken into consideration when it comes to it. For instance, the location of the accident is going to have a tremendous impact on the potential personal injury claim as it’s going to determine the defendant. This is the person that you are going to direct the claim towards in order to get the necessary compensation.
The most common case of slip and fall accident is during winter times when the walking conditions are particularly challenging. Walkways, regardless of how often they get cleaned, are going to get frozen and they provide real danger for slipping and falling. With this in mind, determining the entity to file your claim against is particularly important. If that’s the case, you should file your claim towards the municipality in which the accident has happened. This is due to the fact that it bears the responsibility of providing safe walking conditions for its citizens.
There are quite a lot of things that you’d have to take into account, however. Right off the bat, you are legally required to notify the municipality of your intentions to sue within 7 days after the accident. The municipality is then going to have 6 months in order to assess the case and provide you with compensation. If it doesn’t do that within the specified time period you would be given the chance of pursuing the matters to court. The terms are questionable as there is a significant difference between the defendant’s response term in case of it being a governmental entity or a regular civil one. In the latter case, the response term is only 2 months.
Occupier’s Liability Act
In any case, the other type of slip and fall claim that you can file is towards a regular civil body – owner of the premise that you felt on. In this case, the legal provision that you’d be taking into account to build your case is Occupier’s Liability Act. It contains clear provisions as to what can be constituted as a premise and who is the liable party.
However, it’s highly advisable that you take your case to a professional personal injury lawyer as there are a lot of potential underwater stones that might trip you over. Keep in mind that even though all of this might seem fairly straightforward, there are loads of procedural requirements that have to be taken into consideration. Failing to do so could result in a denied claim and no compensation for your injuries. In order not to gamble with it, it’s best if you turn to a professional.
Most of the injury lawyers have plenty of experience working with victims of slip and fall injuries. With plenty of lawyers offering their expert services, it is easy to find someone that you feel comfortable with.