More than 40 years of combined experience

A group photo of Smith Shanklin Sosa's attorneys

When Does a Slip-and-fall Injury Qualify for a Personal Injury Claim?

On Behalf of | May 28, 2019 | Firm News

According to the Center for Disease Control and Prevention (CDC), more than a million people end up in the emergency room because of slip-and-fall accidents each year. After being injured, many people may consider consulting an attorney if they feel that the fall was preventable and the result of negligence by a property or business owner. But anyone who’s been hurt should consider the following questions to determine if their slip-and-fall qualifies for a personal injury claim.

Is the Property Owner Liable?

To build a case, there must be some evidence that the property owner was liable for the accident. Injured parties must show proof that the property owner was aware that the hazardous area existed but failed to address the potential danger, such as leaving water on the floor or not fixing a decrepit stairwell, and that their negligence led to their injuries.

Did the Injured Party Cause the Incident?

Naturally, a property owner may argue that the injured person was responsible for a slip-and-fall. Some states, including Louisiana, follow the theory of comparative negligence, which states that if an injured person’s actions contributed to the accident, their compensation decreases by the percentage that they were at fault. Therefore, an individual who was involved in an accident will need to show proof that they did not ignore posted warning signs or engage in a distracting activity, like using their cell phone, that could’ve prevented them from noticing a warning sign.

If you have been involved in a slip-and-fall accident, the personal injury attorneys at Smith Shanklin Sosa will connect you with the medical care you need and help determine if your case is worth pursuing. When you call our office, you’ll speak directly with one of our attorneys. Contact us today for a free consultation by calling 225-424-6094 or filling out our online form.