Slip-and-fall accidents can cause serious injuries for Tulsa residents. Whether a fall happens inside or outdoors, in the winter or the summer, it can result in pain, suffering, and long-term loss for a victim. When a slip-and-fall accident is caused by the fault of another person, the victim may have a claim for personal injury damages.
What slip-and-fall incidents are actionable?
Slip-and-fall accidents and the injuries that they cause are generally not actionable when they are the fault of the victim. For example, if a person falls off of a curb while walking and distracted by their cellphone, then they likely do not have a claim to file against anyone else for their losses. However, if a victim falls off of a sidewalk that is covered with ice and that should have been cleared by a private or public party, then that victim may have grounds to seek their losses from the party at fault.
Does it matter if a danger is obvious to a victim for a claim to be filed?
Property-based dangers can be obvious or hidden. A victim who is injured due to an obviously dangerous or defective property feature may face more challenges as they pursue their claim. The owner of the property where they were hurt may assert that a reasonable person would have avoided the obvious threat and not suffered an injury as a result.
This is not to say that victims of slip-and-fall injuries should not seek compensation for their injuries that occur from obvious hazards. Property owners may need to provide warnings or ensure the property visitors’ safety if they cannot remedy the obvious harms.
Slip-and-fall losses can be extensive, and victims can suffer a range of serious and debilitating injuries from them. Victims should take the time to understand their legal options and what rights they have to pursue litigation. This post does not advocate for any legal path for victims, and all victims should seek their own legal path as this post does not offer legal advice.