You never expect an everyday situation like going to the grocery store to turn into a accident. Unfortunately, there is always the potential that a slip and fall could land you in the emergency room. Some accidents even lead to serious injuries, such as a hip fracture or brain injury, which could result in expensive medical care or even a permanent disability.
Property owners are responsible for minimizing hazards to prevent slip and fall accidents from occurring. Failure to do so may mean the property owner is liable. If this was the case for your accident, you may be able to make a slip and fall claim. It is important to work with a personal injury attorney who is experienced in handling these kinds of claims to ensure you gain the maximum compensation.
The Fleck Firm has helped countless fall accident victims gain a fair settlement in slip and fall injury claims (also called premises liability cases). Contact us for a free consultation to discuss your potential for a case.
Causes of Slip and Fall Accidents
Various circumstances can lead to a fall incident (including a combination of factors), such as:
- Wet or slippery floors
- Debris in walkways
- Insufficient lighting in hallways or stairways
- Uneven surfaces
- Snow or ice in parking lots or on sidewalks
- Loose flooring
- Torn carpeting
- Uneven or worn steps
- Concealed holes in the ground
- Broken or missing handrails
Where May a Slip and Fall Accident Happen?
Slip and fall cases can occur on private property, at businesses, and at workplaces. Some common locations for slip and fall accidents include:
- Shopping centers and stores — Managers of retail establishments must ensure that staff clean up spills as soon as possible, keep aisles free from tripping hazards, and post signs when floors are wet
- Restaurants — Like in stores, managers are responsible for cleaning up spills and keeping walkways free from items that could cause accidents
- Venues — The large number of patrons at sports stadiums, concert arenas, and theaters mean these places often see trip and fall accidents, including on ramps, stairways, elevators, and bleachers
- Hotels — Hallways in hotels should be dry, free from clutter, and have no loose carpeting and parking lots and walkways should be de-iced
- Retirement homes — Businesses that specifically cater to the elderly or infirm need to take extra steps to remove potential tripping hazards and should know which of their residents are at the highest risk for falls
- Workplaces — Employers are required to provide workers with training and safety equipment to prevent accidents in the workplace
- Private homes — Homeowners have a responsibility to maintain a safe environment for guests
Did the Party Responsible for Your Accident Owe You a Duty of Care?
When property owners have a duty of care, they have a legal obligation to ensure that the people who come on their premises don’t encounter hazards. For victims of fall claims to be able to gain compensation, they must prove that the property owner owed them a duty of care and breached this duty. This means proving that your injuries were due to a slip and fall accident on the property belonging to the person you say was at fault, showing that the property owner had a legal obligation to ensure your safety, and demonstrating that the owner failed to fulfill this obligation.
Typically, it is possible to determine if someone took necessary steps to prevent a hazard by considering whether the danger was open and obvious. If the danger was something a reasonable person (or someone who was not distracted) would avoid, you are unlikely to have a case. However, if a reasonable person would likely have been unaware of the hazard, you probably do have a case.
Situations When the Property Owner Owes a Duty of Care
One situation where a property owner owes you a duty of care is when you are an invitee. You are an invitee if the property owner invited you onto the premises to do business, such as if you were a customer at a store. This is the most common scenario.
In contrast, guests to private residences are licensees. Homeowners owe licensees a similar duty of care, which includes fixing any problems that pose an unreasonable risk of serious injury and warning guests about a potentially dangerous condition.
Lastly, property owners owe persons who trespass some duty of care, albeit a lower duty than in the other categories. They are under no obligation to warn trespassers about any natural conditions that pose a risk, but personal injury claims may result from a lack of warning about dangerous manmade conditions, under some circumstances.
When Is a Property Owner Negligent?
Slip and fall accidents are usually preventable. If the property owner failed to make the premises safe when he or she either knew or should have known about the hazard, the property owner may be negligent for the resulting accident.
However, it is also possible that your own negligence contributed to the accident. For instance, you may have ignored a sign that alerted you to the hazard. In such a case, it is still possible to make a claim for your fall injuries, but you may only receive a portion of the damages. This is because Radcliff uses comparative negligence, which assigns each party involved in the accident a percentage of the blame. Your compensation is reduced by the percentage you were at fault for the accident.
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Compensation from a Slip and Fall Claim
You may be entitled to compensation to cover all your expenses due to the accident as well as for non-economic damages. This may include:
- Lost wages — To cover the time you needed to take off work and any future lost income if the accident has reduced your earning capacity
- Medical bills — This includes the medical expenses you’ve already incurred as well as for future medical treatment
- Pain and suffering
- Loss of quality of life
- Emotional distress
Common Injuries from a Slip and Fall Accident
A fall can cause a wide range of severe injuries that require medical treatment, including:
- Lacerations
- Contusions
- Broken bones
- Traumatic brain injuries
- Dislocations
- Wrist and ankle sprains
- Disk herniation
- Back and spine injuries
- Nerve damage
- Knee injuries
- Catastrophic injuries requiring surgery or amputation of a limb
Injuries Suffered by Elderly People After a Fall
Elderly people are particularly at risk for a fall injury because mobility and balance deteriorates with age. Hip fractures are especially dangerous in the elderly, as the injured person will need an extended period of bedrest to recover. During this time, the victim could suffer from other health complications, including blood clots, bedsores, and infections. These complications may ultimately be fatal. If an elderly family member suffers a fall due to someone else’s negligence, you should consider filing a claim for the fall-related injuries or a wrongful death claim.
What to Do After a Slip and Fall Accident
Taking appropriate steps after a slip and fall accident will improve your chances of a successful claim.
It is important to immediately receive medical attention, even if you’re unsure that you need it. This will produce medical records that link your injuries to the accident. It is also helpful to document how your injuries progress, through journaling and photographs.
If you are able, take photos of the accident scene, showing what caused you to fall. Use these photos to show all the factors that contributed to your accident, including the condition of the floor, nearby hazards, and lighting. This is important because the accident scene may change following your accident. If other people witnessed your accident, make a note of their contact information, as you may need their testimony.
You may also be able to use your clothing and shoes as evidence. Make sure you keep these, even if they are damaged beyond repair.
Soon after the accident, notify the property owner. Be objective in your account of what happened, summarizing the circumstances of the accident without passing blame. This will give negligent property owners the chance to talk with their insurance companies about the fact that you will likely be making a claim.
Lastly, begin talking to slip and fall attorneys about pursuing a case for compensation. A slip and fall accident attorney will be able to tell you if you likely have a case. The law firm will also investigate the accident further to collect evidence to support your claim. This is necessary proving the property owner’s negligence. It is also extra important if your own negligence contributed to the accident in any way, as the property owner’s insurance company may try to claim you were fully to blame. A slip and fall accident lawyer will be able to argue your case for you.
The insurance company of the responsible party may reach out to you about settling your claim. Never respond to this communication — instead, direct the insurance company to your attorney. Providing the insurance company with details about your accident, signing anything, or accepting payment will mean you likely end up receiving less for your claim than the full amount you’re entitled to.
Statute of Limitations to File a Slip and Fall Lawsuit
Radcliff has a one-year statute of limitations for slip and fall claims and lawsuits. This starts from the day the victim suffered the accident. Since you have limited time, it’s important to talk with slip and fall lawyers as soon as possible after the accident — don’t wait until you’ve recovered from your injuries.
Filing a Lawsuit with a Radcliff Slip and Fall Attorney
If you suffered a significant injury due to dangerous property conditions, you may like to pursue a lawsuit to obtain punitive damages from the negligent property owner. Experienced fall accident lawyers who are familiar with the legal process will improve your chances of seeing a favorable outcome.
Receive a Free Consultation from the Fleck Firm
Start the process of pursuing a slip and fall claim by contacting the Fleck Firm. We understand that slip and fall accidents often have serious consequences and will take the time to learn about how the accident has impacted your life. Working with our experienced slip and fall legal team will give you the best chance of receiving full compensation for your claim. Schedule a free consultation now.
