Slip-Fall Accident Lawsuits
Liability for owners of a premises for slip-fall accident lawsuits is based in negligence. Personal
injury laws generally provided that an owner, lessor, or other responsible party is liable for negligence if
they knowingly permit an unreasonable condition to exist, or should know an unreasonable condition exists,
that exposes others to potential bodily harm. Invitees (potential customers) to a business establishment are
specifically included as beneficiaries of the premise standard of care. Licensees (renters, students,
members) are also specifically included.
Personal Injury Law - Slip-Fall Accident Lawsuits:
When considering any slip-fall accident lawsuit, state personal injury law and practices generally determine which causes of
action create liability, what damages are recoverable, and how to recover the award of a judgment. Less
frequently, federal law preempts state law and requires claims to be filed in the federal court or
administrative processes, or alternatively, may permit an election of either state or federal law. In all
cases, settlement of liability claims before trial is encouraged by the court system as a matter of judicial
economy. Settlement of slip-fall accident lawsuit is voluntary, and creates several distinct advantages over trial. These
advantages include the elimination of risk, a guaranteed recovery of a known amount, and the reduction of
time, attorney fees, and costs required to collect amounts owed. The primary disadvantage of settling a
slip-fall accident lawsuit is economic - plaintiffs may recover far more if the court or a jury assesses damage amounts.
Interpretation of Laws:
The application of personal injury laws is an organic process, based upon facts which are unique to each claim. Statutes,
case law, and rules of court all influence the success or failure of each case. Lawyers who specialize in
slip-fall accident lawsuits for plaintiffs tend to be creative in expansive interpretation of both liability and damages
sustained. Likewise, defense attorneys and claims adjusters are equally creative in influencing settlement
for less than the true trial value when the claimant is not represented. See also: Slip-Fall Accident Lawsuits - How to
Find a Lawyer, Laws, & Lawyer Searches.
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