Imagine for a moment that you are at the grocery store on a typical Sunday afternoon. The place is not nearly as packed as it usually is, so you end up making quick work of each aisle while nabbing everything on your list. But just as you finish and start walking toward the checkout counter, your heel gets stuck in an uneven part of the floor. You try to brace yourself, but you end up hitting your head on the floor and fracturing your wrist. People come to your aid, including the property owner, who insists they did not know about the flooring issue. You want to believe them, but how do you know for sure—especially if you are considering filing a personal injury claim against them?
Mistakes happen. Buildings get old, and things break or become a hazard. However, that does not eliminate or lessen a property owner’s responsibility to address dangerous conditions they know about or reasonably should have known about. Failing to do so may leave them liable for injuries that befall innocent people like you.
So … how can you tell if a property owner knew about a preexisting issue that could cause a personal injury?
There’s a Good Chance the Property Owner Knew If …
A personal injury is defined as legal harm done to a person’s body, mind, or emotions. For instance, you are the victim of a hit-and-run, a dog gets off its leash and bites you, or a defective part on your vehicle causes you to get into an accident. Property owners may also be responsible for injuries caused by dangerous conditions on their premises: poor lighting, uneven floor, a wet or icy parking lot, a broken handrail, etc.
Sometimes, the issue may not be something the property owner could avoid or even knew about. Perhaps the issue happened when they were not there. In those situations, it is understandable to want to give the property owner the benefit of the doubt and assume they were unaware of the danger. However, it is best to stick to the facts: you were injured on their property, and you deserve to be compensated and made whole again. Because of this, there are often signs that can help determine whether the owner knew—or should reasonably have known—about the dangerous condition before you were injured.
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You have seen the issue before
In the example above, perhaps you had noticed the uneven flooring issue in the past. In fact, it had been there for months and should have been fixed ages ago. It just so happens that you were not thinking about it on that particular day, and you ended up getting injured. It is one thing if an issue popped up overnight. It is something entirely different if it was there for a while. Even a property owner who swears they did not know about it likely will not have a leg to stand on if you can prove it had been there all along.
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There was a prior complaint
Maybe you did not notice it before, but if there are existing grievances (such as a witness openly commenting that they nearly tripped on it last week and filed a complaint then), it is hard to deny that the property owner did not know about it beforehand. In some cases, emails, text exchanges, maintenance request records, and conversations with employees and customers can all serve as proof.
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Maintenance records
To piggyback on the previous suggestion, maintenance records such as work orders, inspection forms, cleaning checklists, and other property records can be a great inside tip on what happened—or didn’t happen—before your slip and fall. All of this information can show that someone in charge knew about the issue and had plenty of chances to fix it.
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A warning sign
Warning signs such as “caution, wet floor” or “watch your step” are great ways for property owners to alert customers and employees to a potential danger until they can reasonably have it repaired. However, a warning sign that has been in a grocery store aisle for months raises questions about why a permanent fix had not been completed yet.
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There was no warning
Speaking of warning signs, property owners are supposed to warn of dangers people may not see. So, if there was no caution sign near the uneven floor, or no cone, notice, or barrier to prevent people from getting injured, that could be construed as strong evidence of negligence.
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An employee knew about it
Something we did not mention yet is that, technically speaking, a property owner does not have to be personally aware of a dangerous condition. After all, many property owners are not always on site. That said, negligence is negligence. If an employee, manager, maintenance worker, or other person responsible for the property or day-to-day operations knew about the problem and failed to address it or notify someone (like the property owner), that knowledge alone could be attributed right back to the property owner.
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The owner clearly tried to fix the issue (poorly)
Sometimes, the strongest indication that a property owner knew about a potential hazard is lingering evidence that they attempted to repair it. For instance, they placed duct tape in the grooves of the uneven floor, hoping it would smooth the surface and prevent a fall. Clearly, the better solution is to have it professionally repaired, and doing the opposite could work against them in a case.
It Is Also Up to You To File a Claim Quickly
The first thing you should do after suffering a personal injury is seek medical attention, even if your pain does not seem severe at first. Many injuries are not immediately obvious, and a medical evaluation can identify problems before they become more serious. The next step is to consult a personal injury attorney who can help protect your rights and guide you through the decisions that follow.
Here is why those two factors alone are critically important—even in a situation where a property owner potentially knew about a dangerous condition but allowed it to linger and ultimately caused your injuries.
For starters, immediate medical care connects the accident to your injuries. One of the biggest challenges in a personal injury claim is proving that the accident directly caused the harm you suffered. When medical treatment occurs shortly after an accident, records can show that your symptoms began after the incident and are consistent with the injuries being claimed. Waiting too long allows opposing parties to argue that your condition resulted from a previous injury, an unrelated event, or another cause.
Furthermore, Medical records provide valuable information about your symptoms, diagnoses, treatment recommendations, and recovery process. Every appointment, prescription, therapy session, and procedure helps create a timeline that demonstrates the seriousness of your injury. Without proper documentation, it becomes much easier for insurance companies or opposing attorneys to question the extent of your damages.
Additionally …
- Important evidence does not always remain available for long. A dangerous condition that caused a slip-and-fall may be cleaned up, repaired, or changed. Acting quickly helps preserve photographs, videos, and other evidence from the scene. These details may later become critical when trying to prove property owner negligence.
- People who witness an accident may have important information about what happened, but memories fade quickly. Gathering contact information preserves their ability to provide statements about what they saw.
- Creating an official record after an accident can provide important support for a future claim. These records create a timeline that is difficult to dispute later. They also help establish key facts while the details are still fresh.
- Every state has deadlines that determine how much time an injured person has to file a personal injury claim or lawsuit. These deadlines are known, in legal circles, as statutes of limitations. Waiting too long can mean the loss of the ability to seek compensation, even when someone else’s negligence caused the injury.
Call Nelson Law Group Today!
Nelson Law Group, PC brings over three decades of experience to each personal injury and civil litigation case we handle. We have extensive bench and jury trial experience arising from various causes, resulting in a wide array of injuries. We will develop a comprehensive strategy based on our experience, legal judgment, and your desired outcome. Finally, we will be available to answer your questions and address your concerns as they arise.
If you were injured in an accident and believe someone else, such as a property owner, is at fault, or if you are facing another legal matter, contact us to discuss your situation and get the information you need to make good decisions moving forward. Call our knowledgeable staff at Nelson Law Group, PC, if you have any further questions about this or any other issue. Our staff is always available. Give us a call today!
For more information about founding partner Brett A. Nelson, click here.