According to recent forecasts, we won’t see snow in Memphis for the next few days, just rain. Still, our Memphis premises liability attorneys know that weather can be unpredictable. This winter may bring more snow and ice.
Slip and fall accidents occur more frequently in such conditions. It can be difficult to determine liability in any slip and fall. It’s important to know your responsibilities as a property owner. Such preparation is important not just during winter, but all year.
Slip and falls are nothing to laugh about
People often find humor in slip and falls. Who hasn’t laughed when a movie character wipes out on screen after tripping on a banana? But there’s a difference between film and TV and real life. According to the National Safety Council (NSC), 32,000 Americans died from slip and falls in 2014.
Non-fatal slip and falls can still cause serious damage, such as traumatic brain jury (TBI) and spinal cord damage. According to the Centers for Disease Control and Prevention, slip and falls are a leading cause of traumatic brain injury. They comprise roughly half of all TBI-related visits to the emergency room and fatalities.
Property owners have a duty of care
Many wintertime slip and falls happen on public property, like parking lots, commercial areas, and sidewalks. But that doesn’t mean property owners can kick back without worry.
If another person’s negligence caused your injury, you could be eligible to recover compensation. However, you need to prove that the person failed to properly maintain their premises. Experienced premises liability attorneys in Memphis can help you determine liability.
A property owner must exercise reasonable care to prevent injuries on their property.
A closer look at “reasonable care”
In personal injury cases where liability is unclear, the court considers several factors. They’re interested in whether or not the property owner…
- Knew of the danger or had reasonable suspicion that hazardous conditions were possible
- Had sufficient time to prevent those conditions
- Was able to prevent the dangerous conditions and took the necessary precautions
If a property owner has even a remote idea that hazardous conditions might occur, he or she is liable to take precautions. They cannot let snow or ice pile up on their sidewalk without shoveling it. Typically, the law gives property owners some padding in how much time they have to attend to the hazardous conditions.
Speak with experienced Memphis premises liability attorneys today
You deserve compensation if you are injured because of someone else’s negligence. These cases do get contentious. It’s difficult to determine liability.
When you’re recovering, you should be able to focus on resting, not worrying about the headache of a legal problem. Our Memphis premises liability attorneys know how to navigate complex areas of the law. We will fight for you, so you can get back on your feet.