Premises Accidents

Slips, trips, falls and other premise-related accidents are quite common but can be difficult to prove. To win these cases, the injured must prove either that the property owner created the dangerous condition that led to the accident, or that the property owner knew or should have known of the dangerous condition or failed to warn of the hazard or remedy the condition. The challenge is proving when a hazard first appeared. Photographs of the scene taken soon after the accident are invaluable. Regardless, photographs should be taken as soon as possible to preserve any potential evidence. JKGS attorneys have considerable experience in these negligence cases and provide solid advice to you.

In many cases, getting photographs of the hazardous condition can be problematic. Ice melts, puddles dry leaving no evidence they were ever there. You should observe the accident area carefully and include details in your accident report. Remember, by law it is your burden to prove that the defendant knew or should have known the conditions were dangerous.

• Defective Conditions. These refer to hazards caused by negligent maintenance or design. Cracked/heaved sidewalks, parking lot potholes, uneven surfaces, torn carpet, broken tiles, leaking pipes can all create dangerous conditions for customers and visitors to a building or property. Code and statute violations can be proof of negligence, including poor lighting and lack of appropriate handrails.
• Weather-Related Conditions. Commercial property owners are generally expected to take reasonable steps to make their property safe for visitors. These include clearing snow, salting or sanding walkways, installing carpet or other anti-slip devices and placing warning signs. All of this should be done in a reasonable and workmanlike manner.
• Comparative Negligence. In most fall down cases, the defendant will generally argue that you were partially, if not entirely, at fault. If this is determined to be true, your recovery will be reduced by the percentage of fault attributed to you.

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