If you or a loved one sustained a severe injury on someone else’s property, it is essential that you understand premises liability law and how it may apply to your case. A dedicated Stillwater slip and fall accident attorney at BDIW Law is prepared to explain all you need to know about premises liability law, help you explore your options, and fight for your right to compensation.
Common Causes of Slip and Fall Accidents in Stillwater
Slip and fall accidents can happen for several reasons. Figuring out the cause of your injuries is crucial if you hope to hold the liable party accountable for their negligent actions. Your slip and fall accident attorney in Stillwater, OK, will carefully evaluate the evidence to determine who should be sued for your damages.
Some of the top ways in which slip and fall injuries occur include:
- Wet floors
- Snow and ice
- Scaffold accidents
- Falls from elevated heights
- Ladder accidents
- Stair accidents
- Inadequate lighting
- Negligent security
- Cracked pavement
- Unsecured carpeting
- Loose floorboards
These are only a few examples of how slip and fall accidents can happen. If your injuries were caused another way, you may still have grounds for legal action. As long as your slip and fall accident lawyer in Stillwater can show that another party’s negligence contributed to the injuries you sustained, you can fight to bring them to justice.
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Property Owners’ Duty to Protect
Per premises liability law, property owners have a duty to protect, within reason, guests of their property. “Guests” does not include trespassers. To protect within reason means the property owner takes reasonable measures to maintain the premises and keep them free of hazards.
If a hazard does exist, but if the property owner does not have the resources to remedy said hazard right away, they are required to provide sufficient warning and notice to visitors. If a property owner fails to uphold their responsibility, and if someone should sustain an injury because of the breach, the courts may hold the owner accountable for the victim’s financial losses.
However, property owners may be able to avoid blame by making hazardous conditions open and obvious. In that case, the injury victim would be partially responsible for any injuries they suffered due to open and obvious hazards. Additionally, anyone trespassing or committing a crime on the property owner’s premises may find it difficult or impossible to recover compensation for their losses.
Statute of Limitations of Premises Liability Claims
The statute of limitations refers to the time limit you have to file a person’s injury claim with the civil court system. Though specific timelines vary depending on the type of case you wish to bring and against whom, most personal injury claims must be filed within two years of the date of the incident or the date the injured party discovered their injuries. (The latter stipulation may apply in cases involving brain injuries, whiplash, or other latent injuries.)
If you fail to file within the two-year timeframe, you will forfeit your right to compensation regardless of how strong your case is.
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Comparative Negligence in Slip and Fall Cases
It is common for defendants in premises liability cases to argue that the plaintiff shares some of the blame. Defendants do this to try to reduce their financial liability. If successful, the injured party’s award will be reduced by the percentage of blame assigned to them. For instance, if the deciding parties determine the plaintiff shares 25% fault, they will only receive 75% of the final settlement, thanks to comparative negligence laws.
In some states, a plaintiff may be barred from recovery if they assume even 1% of the fault. However, Oklahoma only bars a victim from recovery if they share more blame than the defendant.
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A Stillwater Slip and Fall Accident Lawyer is Prepared to Help
If you sustained an injury in a slip and fall case in Oklahoma, do not risk losing part or all of your compensation. Contact BDIW Law to consult with an experienced Stillwater slip and fall accident attorney and to learn more about how you can bolster your case to recover the amount you need and deserve.
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