Clumsiness is part of the human experience. We have all fallen at one point or another and escaped with no injury or minor injury. However, some slip and fall accidents result in serious injuries. When a slip and fall accident is caused by hazards present on someone else’s property, the victim is often able to pursue compensation for his or her injuries through a personal injury claim.
The information contained in the article below may be helpful if you are in this situation. Keep in mind that only a licensed slip and fall lawyer in Hawaii can apply legal advice to your potential case. He or she can help you determine the best course of action in order to pursue the maximum amount of damages in your case.
Here are a few conditions that your case should meet before filing a claim within the Circuit Court system of Hawaii:
Unsafe Conditions Present
The central tenet of a slip and fall lawsuit is that the owner negligently left hazards present on the property, causing you to fall. The law only requires property owners to make their property reasonably safe; it does not require every property to be perfectly free of hazards all the time.
Examples of unsafe conditions may include:
- Slippery or wet floors
- Damaged sidewalks
- Snow and ice accumulation
- Poorly maintained structures
- Debris and junk
The preceding list carries a theme. These are items that a property owner can both manage and prevent. However, the owner either must know, or should know, or these hazards to have a claim. Not all incidents are foreseeable, nor is the owner informed of all hazards right away.
Previously Notified of Hazard
A property owner must be aware of the hazardous conditions present in order to be responsible for them. The law does allow for a reasonable amount of time to pass before a property owner can be found negligent for not knowing about a hazard on his or her property. As soon as the owner is notified, he or she must act to secure the area and arrange for repairs.
It is often difficult to prove that someone provided notice of a hazard to the property owner. If you fell inside a business location, an internal incident report written at the scene can offer proof as to what caused the accident and a timeline of events that occurred.
Video footage may also bolster your case with direct evidence that the fall occurred on the property. It is likely the best evidence you can provide to prove that the property owner was negligent.
Hazards Signs Not Posted
The justice system does not require property owners to fix every hazard immediately. If an immediate solution is unavailable, the owner must alert patrons that the hazard is present. This requirement is the reason why businesses post ‘wet floor’ signs after mopping.
If you slipped and fell in an area where a warning sign was posted, it may disqualify you from making a claim. Your personal injury attorney can help guide you through such complications and ensure that you put forth the best case possible to receive compensation for your injuries.
Consider Working With Lowenthal & Lowenthal, LLLC
If you slipped and fell on someone else’s property, you should reach out to a slip and fall attorney in Hawaii as soon as possible. At Lowenthal & Lowenthal, LLLC, we want to help you pursue the compensation to which you are entitled. Schedule a free consultation today with our team in Wailuku by calling (808) 242-5000 or by emailing our firm at [email protected].