Personal injury lawyers spend a lot of time listening to people who consider themselves victims of the negligence of others. It may surprise you to realize that most personal injury attorneys actually decline to take on many of the cases that come their way. Why would an attorney turn down a case? Because people need to realize that the law not only protects victims of negligence, but it also protects property owners against people who are careless and reckless. Before you try to start a personal injury case, you need to realize that common sense can be your best friend.
If someone trips over a sidewalk that has been elevated by a tree root growing underneath it, then that person may think that they would have an airtight personal injury case against the city or town that is responsible for caring for those sidewalks. But when it comes to personal injury cases based on property damage, there is a condition that says that if the case has no merit if the damage is reasonably obvious.
A situation is reasonably obvious when it is so out in the open that it is nearly impossible to miss. While most people look straight ahead while they are walking and not down at their feet, it is still reasonably obvious to expect someone to see a raised sidewalk as they approach it. If the property damage you say caused your injury is evident and it is reasonably obvious that you should avoid the damage, then you may not have a claim after all.
Watch the Signs
Warning signs, whether on private or public property, are there for a reason. If there is a warning sign in place that is not obscured in any way and you injure yourself, then you can expect that the sign will ruin your claim for you. Too many people feel that warning signs are optional and they regularly choose to ignore them. The best approach it to treat all warning signs with respect and keep yourself safe by staying away from blocked off areas.
Your Own Negligence
If you use a product for a purpose for which it was not intended, then you assume the responsibility for what happens. Most products come with instructions on how they are to be used, and those instructions can be brought up in a court of law if you try to file a personal injury lawsuit against the manufacturer. Before you use a product in a way for which it was not intended, you should remember that you bear the responsibility for whatever happens and a personal injury lawsuit will probably not be successful if you get injured.
Don’t Try This at Home
People like to take risks for the thrill of trying something new and exciting. But when people try to imitate things they have seen in movies or on television, then they are taking unnecessary risks that could have dire consequences. When a television show or movie posts a warning that you should not try what you see on the screen at home, you should not take that as a challenge. You should heed that warning or you could wind up with injuries that could change your life and no compensation to help your recovery.
Personal injury lawsuits are used to make negligent parties pay for the damage they do to unsuspecting victims. But if you ignore warnings and try to do things you are told not to do, then you could be creating a situation where you will be solely responsible for the consequences of your actions.