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Slip and Fall Accident? You may Need a Lawyer

Slip and Fall Accident? You may Need a Lawyer

Everyone slips or falls a few times in their lives. Sometimes it is simply clumsiness that causes us to lose our footing. Other times it is because unsafe conditions were present that should have been remedied by the property owner.

It is true that if you slip and fall on someone else’s property due to an unsafe situation that the property owner should have known about and corrected, the property owner may be liable for your injuries, but proving that the property owner is liable can be a difficult task. If you receive any pushback from the property owner or his or her insurance company, you may need qualified personal injury lawyers on your side.

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Understanding Liability

The first key to a successful slip and fall case is determining liability. Simply sustaining an injury is not enough to prove liability, as people can be injured during a fall that they were responsible for, such as tripping over untied shoelaces. To be considered liable, the property owner (or their employee, in the case of a business) must have either caused the dangerous conditions, been aware of the risk and chosen not to act, or known that danger existed based on what a reasonable person would have known.

What this boils down to is the concept of negligence. In most cases, the situation is not as cut and dry as the owner causing the situation or being aware of the conditions and choosing to ignore them. Instead, most cases are based on the concept that the owner should have known. Ultimately, it is whether or not the issue was one of common sense.

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How a Lawyer can Help

Experts in personal injury law understand what it takes to prove negligence on the part of the property owner. They understand what kind of evidence is required as well as which situations can qualify.

Liability often falls to the property owner in cases where regular and thorough efforts to maintain a safe property are not made. For example, a damaged spot of flooring that presents a trip hazard could be used to determine liability if it can be determined that the damage existed for a long enough period that the owner should have noticed the issue. If it can be proven that the flooring had been damaged for months, it is more likely that the property owner can be judged liable. However, if the floor was damaged by another customer only ten minutes prior, it may not be reasonable to assume that the property owner was aware of a problem.

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Personal injury lawyers understand the nuances of determining liability and can help build a case to determine who’s liable for the situation that occurred, and the circumstances that caused it.

Personal Liability

As mentioned before, certain slip and fall accidents are not the fault of the property owner regardless of where the incident took place. Sometimes accidents just happen, and no catalyst is present aside from the normal circumstances of being alive and mobile. People trip over their own feet, misjudge a step, or walk into objects while staring at their smartphone screen. In these cases, the property owner is not necessarily liable for the incident, as a person’s own actions were the primary cause of the accident.

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If you pursue a liability case when the property owner is not at fault, you may find yourself unable to find a lawyer to take your case, or spending money on a case that cannot be won. A reputable lawyer can help you determine the difference if you are uncertain, which can make him or her a very valuable asset when deciding whether to take legal action.

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Last Updated on July 18, 2019

What Makes People Happy? 20 Secrets of “Always Happy” People

What Makes People Happy? 20 Secrets of “Always Happy” People

Some people just seem to float through life with a relentless sense of happiness – through the toughest of times, they’re unfazed and aloof, stopping to smell the roses and drinking out of a glass half full.

They may not have much to be happy about, but the simplicity behind that fact itself may make them happy.

It’s all a matter of perspective, conscious effort and self-awareness. Listed below are a number of reasons why some people are always happy.

1. They Manage Their Expectations

They’re not crushed when they don’t get what they want – or misled into expecting to get the most out of every situation. They approach every situation pragmatically, hoping for the best but being prepared for the worst.

2. They Don’t Set Unrealistic Standards

Similar to the last point, they don’t live their lives in a constant pursuit towards impossible visions of perfection, only to always find themselves falling short of what they want.

3. They Don’t Take Anything for Granted

Happiness rests with feeling fulfilled – those who fail to stop and appreciate what they have every now and again will never experience true fulfillment.

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4. They’re Not Materialistic

There are arguing viewpoints on whether or not money can really buy happiness; if it can, then we know from experience that we can never be satisfied because there will always be something newer or better that we want. Who has ever had enough money?

5. They Don’t Dwell

They don’t sweat the small things or waste time worrying about things that don’t really matter at the end of the day. They don’t let negative thoughts latch onto them and drain them or distract them. Life’s too short to worry.

6. They Care About Themselves First

They’re independent, care for themselves and understand that they must put their needs first in order to accommodate the needs of others.

They indulge, aim to get what they want, make time for themselves and are extremely self-reliant.

7. They Enjoy the Little Things

They stop to smell the roses. They’re accustomed to find serenity when it’s available, to welcome entertainment or a stimulating discussion with a stranger when it crosses their path. They don’t overlook the small things in life that can be just as important.

8. They Can Adapt

They’re not afraid of change and they work to make the most out of new circumstances, good or bad. They thrive under pressure, are not overwhelmed easily and always embrace a change of pace.

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9. They Experiment

They try new things, experience new flavors and never shy away from something they have yet to experience. They never order twice from the same menu.

10. They Take Their Time

They don’t unnecessarily rush through life. They work on their own schedule to the extent that they can and maneuver through life at their own relaxing pace.

11. They Employ Different Perspectives

They’re not stuck in one perspective; a loss can result in a new opportunity, hitting rock bottom can mean that there’s no where to go but up.

12. They Seek to Learn

Their constant pursuit of knowledge keeps them inspired and interested in life. They cherish information and are on a life-long quest to learn as much as they can.

13. They Always Have a Plan

They don’t find themselves drifting without purpose. When something doesn’t go as planned, they have a plan for every letter in the alphabet to fall back on.

14. They Give Respect to Get It

They are respectful and, in turn, are seen as respectable; the respect they exude earns them the respect they deserve.

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15. They Consider Every Opportunity

They always have their eyes open for a new road, a new avenue worth exploring. They know how to recognize opportune moments and pounce on them to make the most of every situation. Success is inevitable for them.

16. They Always Seek to Improve

Perpetual self-improvement is the key towards their ongoing thirst for success. Whatever it is they do, they take pride in getting better and better, from social interactions to mundane tasks. Their pursuit at being the best eventually materializes.

17. They Don’t Take Life Too Seriously

They’re not ones to get offended easily over-analyze or complicate matters. They laugh at their own faults and misfortunes.

18. They Live in the Moment

They don’t live for tomorrow or dwell on what may have happened yesterday. Every day is a new opportunity, a new chapter. They live in the now, and in doing so, get the most out of every moment.

You can learn how to do so too: How to Live in the Moment and Stop Worrying About the Past or Future

19. They Say Yes

Much more often than they say no. They don’t have to be badgered to go out, don’t shy away from new opportunities or anything that may seem inconvenient.

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20. They’re Self-Aware

Most important, they’re wholly aware of themselves. They self-reflect and are conscious of their states of mind. If somethings bothering them, they fix it.

We’re all susceptible to feeling down every now and again, but we are all equipped with the necessary solutions that just have to be discovered.

Lack of confidence, inability to feel fulfilled, and susceptibility to stress are all matters that can be controlled through the way we handle our lives and perceive our circumstances.

Learn about How Self-Reflection Gives You a Happier and More Successful Life.

Final Thoughts

The main philosophy employed by the happiest includes the idea that life’s simply too short: life’s too short to let things get you down, to take things for granted, to pursue absolute and unrealistic perfection.

For some, employing these characteristics is a second nature – they do it without knowing. For others, a conscious effort must be put forth every now and again. Self-Awareness is key.

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Featured photo credit: Charles Postiaux via unsplash.com

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