By Pendergast Law on November 7, 2016
Winter is approaching, and with it in the Seattle area is the arrival of the rainy season. With so much rain coming our way, it means there will be plenty of wet sidewalks and floors and, on the coldest days, the potential for ice as well. That means the danger of slipping and falling increases as well.
A slip and fall, sometimes referred to as a trip and fall, is a personal injury claim that arises from, as the name implies, someone slipping and falling. Such cases are generally based on the premise that the property owner or manager was negligent in allowing a dangerous condition to exist that caused the fall.
Such conditions could include any of the following:
- Cords stretched across a walking area
- Objects left in a walkway
- Frayed carpets
- Obstructed views
- A lack of adequate lighting
- Poorly constructed or maintained stairs
- Broken or missing handrails
- Raised sidewalks, tiles, or bricks
- Unexpected or uneven steps to a lower surface
As residents of the Pacific Northwest know all too well, the wet and cold conditions of winter can magnify the above problems and the public has a reasonable expectation that property owners will maintain their property in a safe manner.
If you have been the victim of a slip and fall, and believe that it was caused by the negligence of a property owner or manger, you could be due compensation for your injuries. If the case goes to trial, the property owner will likely make one of the following defenses:
First, they may try and claim that they were not negligent. For example, they may insist that whatever caused the fall only appeared moments before, and that, in the exercise of due diligence, a person acting with reasonable care would not have had time to discover the danger and take steps to mitigate it.
Second, a typical defense is to blame the person who was injured. They might claim that a reasonable person, exercising due diligence for their own safety, would have taken the necessary steps to avoid a fall.
A person who has been injured in a slip and fall accident may be entitled to medical expenses, lost wages, pain and suffering, and many other forms of compensation. The injured person may in fact have the right to full compensation for the lifetime effect of the injuries.
However, because of a general perception that slip and falls are often at least partly the fault of the person injured, and because it is often difficult to prove negligence in these cases, winning such a claim can be very difficult and time consuming. If you or a loved one has been injured in a SeattleÂ slip and fall, it is imperative that you have a knowledgeable and experienced litigator who can fully explain the law to you and work on your behalf to get the best possible settlement.
The legal team at Hardwick & Pendergast, P.S. can provide the high-quality representation and dedicated advocacy you require. Contact our office at 888-539-9211 to arrange for a free consultation today.