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Key elements of a slip-and-fall claim

On Behalf of | Nov 15, 2017 | Blog |

When you have an accident that is not your fault, it may be possible to seek compensation. Especially in a slip-and-fall accident due to dangerous conditions, a claim may be valid and provide the type of financial recompense you need and deserve.

To have a successful case, it is important you fully understand the process. There are a few key elements of a slip-and-fall claim.

The law

Minnesota’s premise liability law governs slip-and-fall accidents. Under the law, a property owner or employer is usually liable if she or he knew about or should have known about the dangerous conditions and did not employ proper action to secure the area or provide a warning to patrons or visitors. The comparative negligence law may also play a part in a claim. If the courts determine the claimant was negligent and contributed to the incident, they may reduce the award amount by the percentage of negligence the claimant held.

Causes

There are a few different conditions that may cause a slip-and-fall. Some of the more common occurrences include:

  • Foreign substance on the floor
  • Defective flooring
  • Unmarked holes in the floor
  • Uneven walk spaces

These are some of the more common causes of an incident. However, special instances may warrant a slip-and-fall claim as well.

Time

Individuals should keep in mind there is a set timeframe in which they are able to file a claim. According to Minnesota law, the statute of limitations for most slip-and-fall accidents is two years. Claims placed after the two-year time frame may be thrown out of court. However, there may be some exceptions, such as when an injury does not manifest for a few years. In such instances, it may be necessary to work with an attorney to build a solid case.

By understanding these elements, you can make an educated decision about your claim. Take time to collect the necessary evidence and consider consulting with a professional.