A person hurt after falling on commercial property may figure that receiving payment for his or her related medical bills is a straightforward process. Unfortunately, complicated legal questions can develop. A slip and fall injury attorney in Waukee, IA can help when it becomes unclear who is actually legally liable for the incident.
Legal Responsibility
It may be unclear whether the property owner was responsible for duty of care–a legal concept regarding a requirement to keep the property safe for anyone who comes there. For example, an unexpected sleet storm may have swept through town just minutes before the person arrived at the parking lot. The property owner and manager may have had no time to address the icy pavement before someone slipped and fell after getting out of the car.
A Claim Dispute
The insurance company may dispute the claim that something should have been done about the slippery conditions so quickly. The insurer’s policyholder may not be held liable in this type of situation because it was impossible for anyone to salt the pavement quickly enough. A slip and fall injury attorney in Waukee, IA can review the situation and determine whether the insurer is being reasonable or not.
Negligence
In contrast, leaving areas of ice and snow throughout a parking lot hours after a winter snowfall occurred is more likely to be considered negligence. The pavement should be thoroughly cleared and safe for walking long before the business is about to open or any employees arrive. If this is impossible, the workers should be diligent about clearing away as much as they can before opening time and block off slippery areas with equipment. Employees, customers and other visitors to the property have the right to expect safety on the premises.
A Free Consultation
Slip-and-fall incidents can cause terrible harm to the person. Having to battle with an insurance company makes life feel even more overwhelming when the individual is recovering from a traumatic brain injury or a serious bone fracture. A lawyer with a firm such as Lawyer Lawyer Dutton & Drake LLP is ready to provide a free consultation.
