Advertising

Slip and Fall Accident? You may Need a Lawyer

Advertising
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.

Advertising

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.

Advertising

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.

Advertising

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.

Advertising

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.

More by this author

record player and mac Streaming or Downloading: Which Is the Best Use of Your Mobile Data? person on laptop Not Using a Digital Marketing Strategy? Here’s Why You’re Missing Out 2 men grappling Interested in Martial Arts? You’ll Need Gear Want to Improve Your Fitness? Consider Martial Arts wrapped present How to Select a Great Gift for Anyone and for Any Occasion

Trending in Communication

1 15 Things You Don’t Need To Apologize For (Though You Think You Do) 2 10 Proven Ways to Judge a Person’s Character 3 10 Scientifically Proven Ways To Stay Happy All The Time 4 8 Signs That Your Current Relationship Has No Future 5 How to Learn a Language in Just 30 Minutes a Day

Read Next

Advertising
Advertising

Last Updated on November 18, 2021

10 Proven Ways to Judge a Person’s Character

Advertising
10 Proven Ways to Judge a Person’s Character

We all fall into the trap of judging a person’s character by their appearance. How wrong we are! All too often, the real character of the person only appears when some negative event hits them or you. Then you may see a toxic person emerging from the ruins and it is often a shock.

A truly frightening example is revealed in the book by O’Toole in Bowman called Dangerous Instincts: How Gut Instincts Betray Us. A perfectly respectable, charming, well dressed neighbor was found to have installed a torture chamber in his garage where he was systematically abusing kidnapped women. This is an extreme example, but it does show how we can be totally deceived by a person’s physical appearance, manners and behavior.

So, what can you do? You want to be able to assess personal qualities when you come into contact with colleagues, fresh acquaintances and new friends who might even become lifelong partners. You want to know if they are:

  • honest
  • reliable
  • competent
  • kind and compassionate
  • capable of taking the blame
  • able to persevere
  • modest and humble
  • pacific and can control anger.

The secret is to reserve judgment and take your time. Observe them in certain situations; look at how they react. Listen to them talking, joking, laughing, explaining, complaining, blaming, praising, ranting, and preaching. Only then will you be able to judge their character. This is not foolproof, but if you follow the 10 ways below, you have a pretty good chance of not ending up in an abusive relationship.

1. Is anger a frequent occurrence?

All too often, angry reactions which may seem to be excessive are a sign that there are underlying issues. Do not think that every person who just snaps and throws his/her weight around mentally and physically is just reacting normally. Everyone has an occasional angry outburst when driving or when things go pear-shaped.

Advertising

But if this is almost a daily occurrence, then you need to discover why and maybe avoid that person. Too often, anger will escalate to violent and aggressive behavior. You do not want to be near someone who thinks violence can solve personal or global problems.

2. Can you witness acts of kindness?

How often do you see this person being kind and considerate? Do they give money to beggars, donate to charity, do voluntary work or in some simple way show that they are willing to share the planet with about 7 billion other people?

I was shocked when a guest of mine never showed any kindness to the weak and disadvantaged people in our town. She was ostensibly a religious person, but I began to doubt the sincerity of her beliefs.

“The best index to a person’s character is how he treats people who can’t do him any good, and how he treats people who can’t fight back.”

Abigail Van Buren

3. How does this person take the blame?

Maybe you know that s/he is responsible for a screw-up in the office or even in not turning up on time for a date. Look at their reaction. If they start blaming other colleagues or the traffic, well, this is an indication that they are not willing to take responsibility for their mistakes.

4. Don’t use Facebook as an indicator.

You will be relieved to know that graphology (the study of that forgotten skill of handwriting) is no longer considered a reliable test of a person’s character. Neither is Facebook stalking, fortunately. A study showed that Facebook use of foul language, sexual innuendo and gossip were not reliable indicators of a candidate’s character or future performance in the workplace.

5. Read their emails.

Now a much better idea is to read the person’s emails. Studies show that the use of the following can indicate certain personality traits:

  • Too many exclamation points may reveal a sunny disposition
  • Frequent errors may indicate apathy
  • Use of smileys is the only way a person can smile at you
  • Use of the third person may reveal a certain formality
  • Too many question marks can show anger
  • Overuse of capital letters is regarded as shouting. They are a definite no-no in netiquette, yet a surprising number of  people still use them.

6. Watch out for the show offs.

Listen to people as they talk. How often do they mention their achievements, promotions, awards and successes? If this happens a lot, it is a sure indication that this person has an over-inflated view of his/her achievements. They are unlikely to be modest or show humility. What a pity!  Another person to avoid.

7. Look for evidence of perseverance.

A powerful indicator of grit and tenacity is when a person persists and never gives up when they really want to achieve a life goal. Look for evidence of them keeping going in spite of enormous difficulties.

Advertising

Great achievements by scientists and inventors all bear the hallmark of perseverance. We only have to think of Einstein, Edison (who failed thousands of times) and Nelson Mandela to get inspiration. The US Department of Education is in no doubt about how grit, tenacity and perseverance will be key success factors for youth in the 21st century.

8. Their empathy score is high.

Listen to how they talk about the less fortunate members of our society such as the poor, immigrants and the disabled. Do you notice that they talk in a compassionate way about these people? The fact that they even mention them is a strong indicator of empathy.

People with zero empathy will never talk about the disadvantaged. They will rarely ask you a question about a difficult time or relationship. They will usually steer the conversation back to themselves. These people have zero empathy and in extreme cases, they are psychopaths who never show any feelings towards their victims.

9. Learn how to be socially interactive.

We are social animals and this is what makes us so uniquely human. If a person is isolated or a loner, this may be a negative indicator of their character. You want to meet a person who knows about trust, honesty and loyalty. The only way to practice these great qualities is to actually interact socially. The great advantage is that you can share problems and celebrate success and joy together.

“One can acquire everything in solitude, except character.”

Stendhal

 10. Avoid toxic people.

These people are trying to control others and often are failing to come to terms with their own failures. Typical behavior and conversations may concern:

  • Envy or jealousy
  • Criticism of partners, colleagues and friends
  • Complaining about their own lack of success
  • Blaming others for their own bad luck or failure
  • Obsession with themselves and their problems

Listen to these people talk and you will quickly discover that you need to avoid them at all costs because their negativity will drag you down. In addition, as much as you would like to help them, you are not qualified to do so.

Now, having looked at some of the best ways to judge a person, what about yourself? How do others see you? Why not take Dr. Phil’s quiz and find out. Can you bear it?

Featured photo credit: Jacek Dylag via unsplash.com

Advertising

Read Next