Any time you legally enter onto someone else’s property, you are entitled to expect that it is reasonably safe for you to do so. Under the laws governing premises liability, whether that property is someone’s private residence or a commercial property such as a store or restaurant, the owner or the manager of the property must maintain the premises so that they are free from unforeseeable hazards. If any hazards do exist on the property, it is the responsibility of the owner or manager to safeguard entrants onto the property from harm.
Among the most common type of premises liability accidents are slip and fall accidents due to torn carpets. In most cases, these types of accidents occur in private residences, and the owners of the property are aware of the carpet damage, but fail to notify visitors to their homes of the potential risk or safeguard them from harm. These sorts of accidents can also occur in commercial properties that are carpeted.
If you or a member of your family has been injured in a slip and fall accident caused by torn carpet on someone else’s premises, you may be entitled to compensation for your injuries. At the Charpentier Law Firm in Melbourne, cases involving torn carpets and slip and fall accidents are handled with the utmost professionalism and seriousness. We use all of the resources at our disposal to collect the most compelling evidence and present the strongest possible cases on behalf of slip and fall accident victims and their families.
Demonstrating Negligence in Slip and Fall Cases
Like any other personal injury case, the success of a slip and fall case rises and falls on our ability to demonstrate negligence on the part of the negligent property owner or manager. In order to do this, we must establish that:
- The property owner or manager owed you, a legal entrant onto the property, a duty of care;
- In failing to maintain the safety of the premises, or in failing to safeguard you from a hazard that he or she knew or should have known about, the property owner or manager breached that duty of care;
- Your slip and fall accident occurred as a result of this failure;
- You suffered injuries as a result of the slip and fall accident;
- You sustained demonstrable losses and expenses due to these injuries, which are therefore the responsibility of the property owner or manager to cover.
Of paramount importance is our ability to demonstrate that the property owner or manager should have known about the torn carpet at the time of your slip and fall accident. Almost certainly, the defendant in the case will claim that he or she did not know, and could not have known, about the defect in the carpet. We will use all of our investigative and accident reconstruction skills to prove otherwise.
Arrange Your Case Evaluation Today
To arrange an evaluation of your slip and fall case, we encourage you to contact the personal injury attorneys of the Charpentier Law Firm today.