Property owners and managers are responsible for maintaining their buildings and outdoor areas to keep visitors safe. Consequently, if someone else’s negligence caused you to slip and fall on their property, you may be entitled to compensation.

A Gilbert slip and fall lawyer could review your case to determine what damages you may be able to receive. Get in touch with a dedicated personal injury attorney to learn more about what our firm could do for you.

The Responsibilities of Property Owners

Property owners, landlords, and managers have a duty to inspect their premises for hazards that could endanger visitors, residents, or customers. Common examples of unsafe conditions that could lead to a falling accident include loose floorboards, uneven nails, leaks, and spilled food or drink.

After becoming aware of a hazard, the property owner must fix the issue or warn visitors of the potential danger. Injured parties who feel they were not adequately protected from or warned of hazards on someone else’s property should speak with a local attorney as soon as possible.

Proving Liability in Gilbert Slip and Fall Cases

There are many requirements for establishing negligence in a personal injury claim. Generally, the injured party must prove the following:

  • The existence of a duty of care
  • A breach of that duty
  • A link between the breach and the plaintiff’s injuries
  • The plaintiff sustained compensable damages

However, slip and fall cases have an additional requirement, making liability more difficult to prove. The plaintiff has the burden of proving notice.

What is the Notice Requirement?

As per the notice requirement, the injured party must prove the at-fault party had either actual knowledge or constructive notice of the hazard that caused their fall. Actual knowledge refers to the defendant’s literal awareness of the dangerous condition on their property. For example, if a grocery store customer informs the owner or manager of a spill, that would constitute actual knowledge.

Constructive notice refers to the idea that any reasonable person in the defendant’s position would have known about the hazard by way of inspection. A large spill in a grocery store that went unnoticed for several hours despite mandatory hourly inspections would constitute constructive notice. Any responsible store owner or manager would have become aware of the hazard.

Because establishing negligence in a slip and fall claim can be more challenging than other types of accident cases, injured parties should consider retaining a qualified lawyer. A legal professional would have experience proving either actual knowledge or constructive notice.

Time Limit for Filing a Lawsuit

Accident victims only have two years from the date of the accident to file suit against the responsible parties. A failure to file before that deadline could result in the dismissal of the case. For this reason, it is crucial to seek legal help right away. An attorney familiar with the statutory deadline for civil lawsuits could keep track of important dates in a trip and fall case.

Contact a Gilbert Slip and Fall Lawyer for More Information

The legal system is complex, but the attorneys at Zanes Law have experience guiding plaintiffs through successful injury claims. If you have questions about pursuing a case against the person responsible for your fall, contact our firm today. Schedule a consultation with a Gilbert slip and fall lawyer today to start working on your case.

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