i fell in front of my house becaue of construction, what kind of lawyer do i need?

Do I need a lawyer if someone sues me for falling on property?

7031 Koll Center Pkwy, Pleasanton, CA 94566. facing a DUI? Call for help. 833-890-0666. Free no obligation consult with a lawyer. master:2022-04-05_10-14-50. Many people think that simply because they got hurt on someone else's property, the property owner's insurance will cover any personal injury claim they decide to make.

Do I need a construction lawyer?

If there is no negligence, there is no liability. Specifically, in order to win a slip and fall case, you must be able to prove that the property owner (i.e., your landlord) was negligent. Simply because you slipped and fell on your landlord's property does not mean that the landlord was negligent. The landlord had to have caused (or failed to ...

Can I get a lawyer for a fall on the sidewalk?

Dec 28, 2020 · Tell your medical provider exactly when, where, and how you were injured. It’s important to establish a link between your injuries and the slip and fall. If you’re able, start collecting evidence. Use your phone’s camera or ask a companion to take pictures of the hazard that caused your fall.

Who's responsible for slip and fall injuries on my property?

Determining Liability. To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else's property, one of the following must be true: The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.

What is construction negligence?

Construction negligence occurs whenever a project does not follow existing safety rules or standards of care and becomes a danger to workers or the public. Negligence that occurs during a building or repair project is a common form of construction negligence.Mar 19, 2022

How do you treat a slip and fall injury?

An array of treatment options for fall-related injuriesThe RICE approach: rest, ice, compression, and elevation of the injured part of our body.Over-the-counter and safe prescription pain relievers.Anti-inflammatory medications.Physical therapy.Casting or splints.Two types of traction for fractures: skin or skeletal.More items...

How would you describe a slip and fall accident?

A slip and fall accident can be described as a type of premises liability claim, or also a personal injury claim, in which someone slips and falls on the premises of a property owner, leading to an injury.

Can you sue for slip and fall in Michigan?

There is no limit to the amount of compensation that you can demand in a Michigan slip and fall lawsuit. Unlike other personal injury cases, there are no damage limits imposed by law. This allows victims to request full and fair compensation for their injuries without any caps on damages.

What should you look for after a fall?

Symptoms to Look for After a FallThinking/remembering, including difficulty thinking clearly or concentrating, feeling slowed down, and difficulty remembering information.Physical, including headaches, dizziness, blurry vision, nausea and vomiting, exhaustion, sensitivity to light or noise, and balance problems.More items...•Oct 9, 2020

What should you check after a fall?

After the FallCheck the patient's breathing, pulse, and blood pressure. ... Check for injury, such as cuts, scrapes, bruises, and broken bones.If you were not there when the patient fell, ask the patient or someone who saw the fall what happened.Jan 12, 2020

What three parts of the body are normally injured as a result of a slip trip or fall?

The most common injuries from these types of accidents, unsurprisingly, are fractures and dislocated joints. These are most commonly to the ankle or wrist, but fractures to fingers are also common. Shoulder dislocation and knee injury can also commonly occur.Oct 8, 2020

Can I claim compensation for a fall?

Can I claim compensation for a fall? If it was someone else's fault and you sustained an injury as a result, then you can usually make a claim for compensation.

What are the most common slip and fall injuries?

In slip and fall accidents, hip, wrist, and ankle fractures are some of the most common types of broken bones. The older you are, the more likely you are to break a bone as a result of a slip and fall. But keep in mind that your age or health at the time of the injury doesn't matter from a legal standpoint.May 12, 2020

Can you sue for falling on ice in Michigan?

If a slip and fall on ice occurs at a business, like a gas station, restaurant, or office building parking lot, you may be able to file a lawsuit. Generally, the owners of both commercial and residential properties owe a legal duty to others to keep their property safe.

A look at legal responsibility for injuries on rental property

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Negligence in a Slip and Fall Case

As in almost any personal injury case, there must be negligence if your slip and fall claim is going to be successful. If there is no negligence, there is no liability.

Slip and Fall Inside Your Rental Apartment or House

Let's say that there is a leak in the ceiling of your rental apartment, and it is dripping on the floor, and you end up slipping and falling. The key in this case is whether the landlord knew or should have known of the leak. Let's look at both scenarios.

Common Areas or Exterior of Rental Property

Let's say that you slipped on ice or snow on the sidewalk going from the front door to the street. That is certainly your landlord's property, but was it the landlord's responsibility to shovel the snow? In this situation, the landlord's liability will depend on your lease with the landlord.

Proving Liability Against Your Landlord

As in any slip and fall case, you should take pictures of the accident scene, your clothes, and any bruises that you might have received as soon as you can. If, hypothetically, you slipped on ice or snow, the condition of the ice and snow can change within minutes.

What do you need to prove in a slip and fall claim?

In a slip and fall injury claim, you’ll need to show someone’s negligence caused the hazard, meaning the property owner or manager did something wrong, or failed to do what was needed to protect visitors. It’s also up to you to prove that you did nothing to contribute to your fall , especially if alcohol was involved.

How to win a slip and fall claim?

To win a slip and fall claim, you must show: 1 The property owner knew or should have known of the danger 2 The owner did not take reasonable actions to remove the danger or protect you from harm 3 Due to the owner’s negligence, you suffered real injuries

What is premises liability?

Other Slip and Fall Topics. Premises liability is the body of law that makes a property owner responsible for slip and fall injuries suffered on their property. The property may be owned or under the control of a homeowner, business, government agency, or an agent representing the owner, such as a property management company.

Where do slip and fall accidents happen?

Many slip and falls and other accidents happen at restaurants, retail stores, and other commercial businesses . These injuries must first be reported to store management and a claim filed with the business owner’s liability insurance company.

What causes slip and fall accidents?

Slip and fall accidents are most commonly caused by spilled substances on the floors of businesses. Other common causes of slip, trip and falls can include damaged flooring, bunched-up rugs, icy walkways, uneven sidewalks, and other hazards.

What are the most common types of slip and fall injuries?

Here are the most Common Types of Slip and Fall Injuries. Neck and head injuries from a fall can range from mild whiplash to traumatic brain damage. Falls are a common cause of back and hip injuries, which might include herniated disks or fractures that never heal quite right.

Do you have to prove a slip and fall?

In most cases, you’ll have to prove the property owner caused a slip and fall hazard, or knew about a hazard and didn’t take action, like not mopping up a spill. Insurance companies look for ways to blame the victim after a slip and fall so they can deny or minimize your claim.

What happens if you fall on someone else's property?

Premises liability means that if you were seriously hurt after slipping, tripping, and falling on someone else's property because of the owner's negligence, you could be entitled to compensation for your medical bills, time off work, and even pain and suffering.

What to do if you have a slip and fall accident?

Seek Medical Treatment . Your health—or the health of a loved one—should be your number-one priority following a slip, trip, and fall accident. If you've been hurt, it's important to see a doctor so that your injuries can be properly documented. Those medical records will be important pieces of evidence should you decide to seek compensation ...

Why is it important to know what steps to take following an accident?

Because slip, trip, and falls can happen anywhere—and to anybody— it's important to know what steps to take following an accident. This is especially true when your fall isn't your fault. By law, buildings, homes, parking lots, and walkways must be maintained to ensure they can be safely traveled—a responsibility known as premises liability.

What is comparative negligence?

The rules of "comparative negligence" help measure your own reasonableness in going where you did, in the way you did, just before the accident happened.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

How to file a slip and fall claim?

State and local governments are typically immune from liability for accidents, but they've also waived that liability in specific ways. In most jurisdictions, you'll need to follow a strict claim-filing procedure with the government agency that might be responsible for your slip and fall. These procedures vary by jurisdiction, but can include the following: 1 a very short (as little as 30 days) deadline to notify the proper municipal department of the city or town that you were injured 2 a written description of your claim and the accident (exact location, precise circumstances, nature and extent of your injuries ), and 3 a request for a certain dollar amount in compensation (some jurisdictions place a cap on the amount of damages you can recover from a municipality).

What happens if you slip on a sidewalk?

The most common types of slips or trips on public streets and sidewalks are due to ice and snow or poorly-maintained streets or sidewalks. Keep in mind that municipalities are rarely responsible for clearing away ice and snow on sidewalks in front of private residences and commercial buildings; they are generally only responsible for clearing away ice or snow on sidewalks in front of public buildings or areas. So, if you slip on ice or snow on a public sidewalk in a residential area, the city or town will not generally be liable; your claim will usually be against the owner of the property that the sidewalk runs in front of. But if you slip on ice or snow on a sidewalk in a commercial area, your claim could be against either the municipality or the premises owner, depending on your state's laws.

Is a municipality liable for a slip and fall?

A municipality is only liable for a slip and fall accident on a street or sidewalk if it was negligent and its negligence was a cause of the accident. Simply because you fell on a street or sidewalk does not mean that the city or town was negligent. Further, simply because there may have been a slippery or other unsafe condition on ...

Do municipalities have to clear snow?

Keep in mind that municipalities are rarely responsible for clearing away ice and snow on sidewalks in front of private residences and commercial buildings; they are generally only responsible for clearing away ice or snow on sidewalks in front of public buildings or areas. So, if you slip on ice or snow on a public sidewalk in a residential area, ...

Can you file a lawsuit for a slip and fall?

If your claim is properly filed, but the city denies it or fails to take any action within a certain amount of time, you're typically free to file a personal injury lawsuit over your slip and fall.

Do not sell personal information?

Do Not Sell My Personal Information. In order to hold a government entity liable for injuries after a slip (or trip) and fall on a public street or sidewalk, as in almost any personal injury case, there must be negligence, but there are usually important limitations on an injured person's right to get compensation from the local government.

What are the different types of premises liability?

There are three distinct types of premises liability. Each one pertains to the property owner, because a homeowner is different from a landlord, who is different from a business owner. The three types are as follows: 1 Homeowner Liability – This pertains a homeowner's responsibility to keep his/her property safe. Learn more about homeowners' insurance and who can be held accountable if you're injured on their property. 2 Renter and Landlord Liability – Liability becomes a bit more complex when there's a renter and landlord involved. We'll explain who is responsible and who isn't when someone's injured at an apartment, townhouse, or other rented space. 3 Business Owner Liability – Perhaps the most recognized form of premises liability, because customers are often aware of wet floor signs, salted sidewalks, and lobby weather mats. Learn more about who's responsible when you're injured at a place of business.

What is premises liability?

Premises liability is the legal responsibility of owners to ensure their property is safe and free from hazardous conditions. This includes removing tripping hazardous, cleaning up slippery floors, lighting outdoor areas appropriately, and much more. Suffering an injury can be extremely expensive ...

What is business owner liability?

Business Owner Liability – Perhaps the most recognized form of premises liability, because customers are often aware of wet floor signs, salted sidewalks, and lobby weather mats. Learn more about who's responsible when you're injured at a place of business.

What do construction lawyers do?

What construction lawyers do. Construction law lawyers assist a wide variety of clients — anyone who touches the process of construction may need a construction attorney at some time or another. They represent large companies, individual workers, property owners, and sureties. There are a ton of different reasons these lawyers might be needed, ...

What is defective construction?

Claims of defective construction are one of the biggest drivers of construction litigation. Regardless of what side a party is on — whether they’re claiming a defect is present or defending against a claim of defective work — construction lawyers will help to provide clarity to the situation and might actually help to avoid litigation. They’ll be able to decipher the relevant laws and contractual duties in order to uncover who, if anyone, is at fault and who might be liable.

Is bankruptcy a construction law?

If you think construction law is unique, bankruptcy law takes things to a whole new level. There is a separate court system for bankruptcies, and not every lawyer has the experience necessary to navigate this process. A construction attorney may be able to help you through some of the procedures, but you may also want to hire a bankruptcy lawyer for this specific scenario.

Why is small claims court important?

Small claims court is unique. It’s specifically designed to be a faster, less expensive, and overall more efficient version of traditional litigation. Plus, it’s designed so that lawyers aren’t really needed in the same way they’re needed in regular litigation. However, the same rule applies as above.

Is it bad to represent yourself in court?

Even if you are entitled to, representing yourself in court is often a very bad idea. There’s a mountain of literature out there proving why. Lawyers are experts at their trade, and there’s a reason they get paid to do what they do.

Is it bad to fight a lawsuit without a lawyer?

Fighting a lawsuit without the help of a lawyer is a bad idea . Sure, a lawyer might get expensive — but losing the suit (and failing to minimize exposure) will cost a lot more. Not to mention, they might be able to identify cross-claims to work in your favor.

Can a customer file for bankruptcy?

Perhaps more problematic is when a customer or a property owner on a project files for bankruptcy, especially when you have outstanding invoices that you want to collect on . Bankruptcy courts have specific rules for creditors in a bankruptcy, which includes timing requirements for collection actions.

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