Don’t Stay Down
If you have been injured in a Slip and Fall accident that wasn’t your fault, you don’t have to stay down. Medical bills and lost wages can add insult to injury. On the bright side, you may be due compensation. Slip and Fall cases can be complicated. You need skilled representation from the personal injury lawyers at Wirth Law Office – Nowata. They understand premise liability laws and the duties required of property and business owners.
It’s Only Reasonable to Care
According to Oklahoma premise liability law, business owners are required to exercise reasonable care. This means keeping up with repairs and proper maintenance. Lack of reasonable care is known as negligence, and it is when injuries are most likely to occur.
Under premise liability, there are three types of people who get injured. The first is a person who has an express or implied invitation somewhere, typically to a store or restaurant. They are called an invitee. The second is a person who is on someone else’s private property for social reasons, such as a party. They are considered a licensee. The third and final person was not invited. They are a trespasser.
While property owners in social situations have less obligation than business owners, they are still required to warn licensees of hazards. Trespassers do not need to be warned of hazards since they are not supposed to be there. However, the property or business owner must avoid using excessive force against the trespasser.
Negligence and Compensation
Depending on the circumstances surrounding your slip and fall injury, you may be due compensation. You have to prove that the owner was negligent. While this may seem simple, having the burden of proof tends to be difficult. Let the Nowata slip and fall attorneys at Wirth Law Office help you prove your case and get what you deserve. A negligent person knew or should have known the risk of a broken object or dangerous area but didn’t do anything to protect others’ safety.
The only time the owner of a business or property isn’t required to disclose potential hazards is when they are considered open and obvious. For example, a hole in the ground that isn’t blocked off would likely be considered obvious enough to excuse the owner of liability from injuries caused by the hole. Conversely, there is such a thing as not giving enough warning. A wet floor sign doesn’t necessarily excuse an owner from liability. If more could have been done to protect invitees or licensees, they could be held liable. For example, settling for a sign when the hazard could have been blocked off.
Generally, trespassers aren’t entitled to damages because they weren’t on the property legally. An exception may be made for children who don’t know they are trespassing. A 2004 Oklahoma tort reform bill provides property owners a defense against premise liability cases that charge ordinary negligence when the plaintiff was not authorized to be there. This significantly lowers an interloper’s chance of being compensated.
Helping You Up
Even if you are an invitee or licensee, premise liability law in Oklahoma tends to favor property owners. You need legal representation that will fight for you and your rights. The Slip and Fall attorneys at Wirth Law Office in Nowata will help you make your case. They know how to prove negligence, even when the plaintiff claims the danger was open and obvious.
More people go to the ER for falls than any other injury. No injury is too small to get compensation for. If a business or property owner’s negligence led to your injury, don’t let them off the hook. They may owe you for damages.
Free Consultation with a Nowata Slip and Fall Attorney
Wirth Law Office’s Nowata Slip and Fall attorneys are ready to help you get back on your feet after your injury. If you want to find out if you’re entitled to compensation, contact us today. Don’t assume that you can’t prove negligence. If a business or property owner failed to exercise reasonable care, and you were injured because of it, don’t hesitate to call Wirth Law Office at (918) 932-2872. You can also fill out the form at the top of this page.