Lawyer – Legal – Attorney

Have you ever had that unfortunate fall while walking to your car, up a flight of steps, or on an icy parking lot? It happens all the time to various people around the world, and sometimes it creates some sort of personal injury. This results in medical bills, medicines, and just more money out of your pocket then you wanted when the day had begun.

Here are a few factors courts consider when assessing such a claim. The law is a fairly complex entity that varies from state to state, so while this article discusses generalities, please consult with a lawyer about the specifics of your case.

One of the primary considerations to determine who is responsible is the duty. For instance, is Wal-Mart expected to be responsible if you fall in their parking lot? It’s a complex question, but one with many considerations.

Take, for instance, someone slipping on a patch of ice in an apartment complex. If the fall happened in a parking lot, it might be argued that the apartment complex did not have a reasonable duty to keep its parking lot clear of ice, particularly in cold climates.

If the fall happened instead on a flight of stairs, however, the apartment’s duty to keep those stairs clear is much greater. Falls on sidewalks are treated similarly, though the responsibility is usually the city’s. The major difference between the first situation and the latter two is that a parking lot is a large area which cannot be expected to be free of ice, while the latter are smaller areas on which pedestrians have the reasonable expectation of walking safely.

Some questions of duty are more clear-cut. For falls involving spills, poor lighting, etc. it is usually obvious that the cause is negligence on the part of a property owner or an employee of same. In order to be legally liable for your slip, at least one of these conditions should be true.

* The condition responsible for the fall must have been caused by an establishment’s owner or one of its employees.

* The owner or employees knew about the cause but did nothing to fix it.

* In some circumstances, it can be argued that the owner or employees *should* have known about the cause had they taken reasonable care of the property. This is usually determined via common sense, and by determining if the owner has made reasonable prior maintenance efforts.

As you can see, determining liability is a tricky business. Here are a few practical questions to help ascertain if you have a valid claim.

* Could the problem been addressed long before the accident occurred?

* If the cause was an object, was there a good reason for the object to be located there? Could it have been realistically located elsewhere and not cause injury?

* Could a warning sign or barrier kept you from getting hurt?

It is also possible that your own negligence may have contributed more than did the property owner’s. Here are a few questions to help determine this.

* Were you distracted at the time of your fall?

* Could you have honestly avoided the issue if you were paying closer attention?

* Did you have a good reason for being at the location of the fall?

---

Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada. For more information on personal injury issues visit his website: Salt Lake City Utah Personal Injury Attorney.

Related Videos :

• Hi I m a Marvel and I m a DC Wolverine Heroes and Watchmen Heroes
  Hi, I' m a Marvel…and I' m a DC: Wolverine Heroes and Watchmen Heroes Now that “X-Men Origins: Wolverine” has actually been released, the Watchmen try to even the odds a bit in their latest face-off. (Mac/PC Marvel/DC Review/Parody) Visit www.youtube.com for more videos like this! Note: This Is A Fair Use Movie/Franchise Review and Parody. view video »
• Hi I m a Marvel and I m a DC Mac PC Parody 1
  Hi, I' m a Marvel…and I' m a DC. (Mac PC Parody) #1 Spider-Man (Marvel) and Superman (DC) discuss the state of their respective film divisions in this Mac/PC Marvel/DC parody/review. Visit www.youtube.com for more videos like this! Go ahead and check out our channel! Note: This Is A Fair Use Movie/Franchise Review and Parody. ItsJustSomeRandomGuy is view video »
• Earthfiles Attorney Encounters Non Human Entities
  This is a short excerpt from a full-length podcast available as a free download at www.Earthfiles.com. For more than three decades, a West Coast attorney has kept secret his interactions with a non-human intelligence. First he trusted them. But now he worries that the agenda of the particular type he has encountered is to view video »
• US Attorney General Eric Holder Ending Medical Marijuana Raids now US Policy
  Speaking at a press conference on Feb 25 with DEA Administrator Michele Leonhart, and reiterating a position made by the White House following DEA raids in California on February 4, US Attorney General Eric Holder told reporters that ending federal raids on medical marijuana dispensaries “is now American policy.” The Attorney General' s comments are view video »
• Apollo Justice Ace Attorney 2nd English Trailer
  Ha, scratch what I said before – while not a typical Ace Attorney game per se, there is a new spin-off named Gyakuten Kenji (Turnabout Prosecutor) coming out! Check this topic for further details: forums.court-records.net ——————————————– The game' s out now, go and get it people! But now there will be no more Ace Attorney view video »
• Battle at Kruger
  National Park while on safari. COPYRIGHT NOTICE. For licensing opportunities, please visit www.BattleAtKruger.com. This video is copyrighted and cannot be used before live audiences or through any form of mass media without the express permission of Jason Schlosberg or David Budzinski. Its use via YouTube is intended for personal use only and can only be viewed view video »
• Phoenix Wrong Epic Attorney
  Fi-nal-ly! My new video is done. A month in the making, I hope you enjoy my new format (No more automated intros and premade credits). And I apologize for the Sublime ad, but I just feel lucky that I didn' t get the audio blocked. Let Wrong Reign! Credits: Date Rape – Sublime Gold Digger – Kanye West view video »
• JK Wedding Entrance Dance
  Our wedding entrance dance to Forever…yeah, forever. For more information or to make a donation towards violence prevention please visit our website: www.jkweddingdance.com… “Wedding entrance dance” “wedding entrance” “dance entrance” “wedding dance” “forever dance” “wedding procession” “fun wedding” “different wedding” “weird wedding” “fun processional” “wedding dance ideas” “creative wedding” From: TheKheinz Views: 23362988 102490 ratings view video »

Related News :

• Storybook Island had a fairy tale beginning
  Shortly after 4-year-old Margaret Ann Gunderson cut the ribbon to open Storybook Island on Aug. 16, 1959, more than 10, 000 youngsters and their parents flooded across London Bridge into the fairyland park to witness a dream come true. read more »
• Swine flu deaths spread to TN toll now 6
  Swine flu deaths spread beyond the western region claiming the life of a four-year-old boy in Chennai–one of the two victims today– raising the toll to six, as the Centre shifted gears to battle the virus. read more »
• Flu drugs little use for children experts say
  LONDON (Reuters) – Children should not routinely be treated with flu drugs like Tamiflu since there is no clear evidence they prevent complications and the medicines may do more harm than good, British researchers said on Monday. read more »
• Williams sisters march into fourth round at Open
  NEW YORK Finished with a mostly matter-of-fact victory in the U.S. Opens third round Friday, defending champion Serena Williams switched into a yellow T-shirt with this bit of wisdom in blue script: Cant spell dynasty without nasty. read more »
• Bengals lose to Vandals
  BOISE — The Idaho State soccer team scored first Friday against Idaho, but it wasn’t enough. The Bengals fell 2-1 to the Vandals in the opening match of the 2009 Governor’s Cup at Boas Soccer Complex on the Boise State campus. read more »
• Trusting may lead to disaster
  Among the many scams that hit the Parkland recently are an offer from a man who trusts you if you trust him, a disabled man with a deal, and an English lottery sent in Chinese writing that wants to give you money because you were the winner in a drawing in Thailand. read more »
• Cyclists plan workshop
  The Parkland Cyclists group will have a workshop from 8 to 10 a.m. Aug. 15 at Engler Park in Farmington for beginning cyclists. They will discuss bicycle care, and how to pack for a bike ride. If time permits, they will have a short bike ride. read more »
• Pam Stuppy Start school year off right
  The start of a new school year always seems like a new beginning. It is a chance to think about what children and parents can do to make it the best year ever. For children of all ages, doing well in school means: Getting enough quality sleep, getting… read more »

Incoming search terms for the article:

• how much can you get in a slip and fall settlement in tennessee (1)
• slip fall walmart entrance (1)
• walmart slip and fall court cases in ca (1)