Can Uneven Flooring Be Grounds for a Case?

You may think there is nothing inherently dangerous about a small sag, slope, or warp in flooring. However, it could be if you do not expect to encounter it, and then, if you slip and fall because of it. With this, you may incur serious injuries and damages, enough to constitute your desire to seek recovery and justice in a lawsuit. Given these considerations, please follow along to find out whether uneven flooring is enough grounds for a premises liability case and how a proficient Passaic County slip and fall lawyer at the Law Offices of August R. Soltis can help work on your legal case.

Can uneven flooring be grounds for a premises liability case?

Depending on the kind of premises you navigate, uneven flooring may reveal itself differently. For one, on a sidewalk, a tree root may create enough upward pressure to cause a concrete slab to lift higher than the others along the designated pedestrian path. Then, in an indoor or outdoor parking lot, initial construction may have lent a hand to poor leveling or improperly compacted soil that eventually causes concrete slabs to sink or heave. Lastly, leaks and other types of water damage may warp or rot the wood of a stairway.

In any of these cases, you may have grounds for a premises liability claim. But the uneven flooring itself may not be enough for a strong case. Rather, proving the defendant’s negligence is a critical job for you as the plaintiff. Specifically, you must establish that the defendant knew or should have reasonably known about the uneven flooring on their premises. Then, demonstrating that the defendant failed to fix, or at least adequately block off access to, the uneven flooring before welcoming visitors onto their premises.

How do I solidify my argument in a premises liability case?

Obviously, the defendant in your premises liability case will do everything in their power to get rid of the fault you try to place on them. So, in response to your claims, they may argue that your negligence is what caused you to encounter the uneven flooring, slip and fall, and get injured.

For example, they may accuse you of ignoring the warning signage they posted in the vicinity of the uneven flooring. With this, you must submit photos and videos of the accident scene to exhibit the lack of signs present at the time of your slip and fall.

Or, they may claim that you were not a welcome visitor on their premises or exceeded the scope of your invitation. With this, you may produce written communications in which an invitation was extended, or testimony from other welcomed visitors that you maintained the level of duty owed to the defendant.

Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at the Law Offices of August R. Soltis and retaining the services of a talented Passaic County personal injury attorney. Rest assured, we will take the reins from here on out.