If you have been injured in a slip and fall, you may have a number of questions about your legal rights and options, but also what you should do immediately after the accident. The following information has been compiled by our personal injury lawyers. To have your personal questions and concerns addressed, call an attorney.
Slip and Falls
A slip and fall is an incident where someone slipped, fell, or tripped on an object at another party’s property and was injured. These cases are a subset of premise liability claims which are often part of personal injury law. The basic premise behind slip and fall cases is that the property owner or manager had a duty to ensure the premises were reasonable safe. When this duty is breached, and an injury happens, the injured person may be able to recover damages by filing a personal injury claim.
Types of Slip and Fall Accidents
A slip and fall can happen in a broad number of ways; for example:
- Cords and cables
- Broken stairways/stairwells
- Broken railings
- Slippery surfaces
- Icy surfaces
- Poor lighting
Who Can Be Held Liable
In 95% of slip and fall cases, the property owner is held liable. In order to prove this, a personal injury lawyer will need to show that:
- The owner of the property owed a duty of care to the plaintiff;
- This duty of care was breached;
- The plaintiff suffered an injury;
- Had the duty of care not been breached, the injuries would not have happened; and,
- The plaintiff experienced financial losses because of the breach.
Damages for a Slip and Fall
In general a personal injury lawyer might include economic and non economic damages in a claim.
- Any relevant medical expenses
- Future prospective medical treatment
- In-home assistance
- Lost wages
- Loss of income
- Loss of consortium
- Pain and suffering
- Emotional distress
The success of slip and fall cases will greatly depend on the facts of the case. If you’re unsure whether or not you can pursue damages, call a slip and fall lawyer.
When You Are Partially to Blame
If you are partially responsible for a slip and fall, the defendant might raise comparative negligence in the claim or lawsuit. If it is found to be true, you recovery may be reduced by the contribution to the injury. For example, if you are found to be 25% at fault, your damages may be reduced by 25%. In general, if you are found to be more than 50% at fault, you may be unable to file a claim.
The Right Time to Contact a Lawyer
Following a slip and fall, the insurance company might offer you an immediate settlement. This is especially true when negligence is almost certainly a factor. Bare in mind that insurance companies do not align with your interests and may be offering you much less than you deserve. The truth is that if you were injured in a slip and fall and believe negligence was involved, you should call a personal injury lawyer right away.