Can I Still File a Claim If I Tripped Over an Object I Didn’t See?
Yes, you may still be able to file a claim. If the object was improperly placed or posed an unreasonable hazard, the property owner might be held responsible for your injury.
Were you injured after tripping over a hidden object? If so, you might wonder about the validity of a personal injury claim. It’s possible that you can file a claim if a property owner improperly placed that object or if it created an unreasonable hazard. In such scenarios, victims could explore a premises liability lawsuit to pursue compensation for their trip and fall.
Proving a property owner’s negligence requires four key components:
- Duty of Care: It’s the owner’s responsibility to maintain a safe environment for invited visitors.
- A Breach of Duty: Failing to provide a reasonably safe environment would be considered a breach of one’s duty of care. This may include failing to address known safety concerns or placing objects in a spot that creates an unknown hazard.
- Causation: The property owner’s actions, or lack thereof, could directly cause someone’s injury.
- Damages: Victims must experience some form of damages as a result of the incident, such as medical bills or a diminished earning capacity.
Suppose a business owner has an extension cord spread across the floor, but they cover it with a rug. By concealing the cord and failing to place warning signs around the area, customers could trip over the unseen hazard and injure themselves, potentially providing grounds for them to seek compensation.
Understanding the Legal Process of Premises Liability Cases
After tripping over a hidden object, it helps to gather as much evidence as you can. Surveillance footage, witness statements, and property maintenance records may all support your claim.
Keep any documentation of your losses, such as medical bills or confirmation that you’re unable to work because of your injury. This evidence helps calculate your economic damages, though you may also be able to advocate for non-economic damages, such as pain and suffering.
