Slip and Fall Lawsuits
Short Answer
A slip-and-fall lawsuit is a legal claim filed by someone injured from slipping or tripping on another’s property due to hazards like wet floors or uneven surfaces. To succeed, the injured party must prove the property owner was negligent in maintaining safety. Common injuries from these accidents include broken bones and traumatic brain injuries. Evidence such as photos and witness statements can support the claim. Damages sought may cover medical expenses, lost wages, and pain and suffering.
- What Is a Slip-and-Fall Lawsuit?
- What Are Common Causes of Slip-and-Fall Injuries?
- What Types of Injuries Can You Suffer in a Trip or Fall Accident?
- How Do You Prove a Slip-and-Fall Case?
- What Evidence Do You Need for a Slip-and-Fall Personal Injury Lawsuit?
- What Can I Win in a Slip-and-Fall Case?
- Do You Need Legal Representation in a Slip-and-Fall Accident?
Most of us are familiar with those plastic yellow folding signs warning us to be careful in a grocery store. The signs are near a spill or recently mopped area. Store owners don’t want customers getting slipping and falling in their stores. If you’re injured in a fall on a slippery floor, you can file a slip-and-fall lawsuit to recover damages. However, you need to prove it was the property owner’s fault.
A premises liability lawyer can review your case and explain your options. They can find out if the owner should have known about the dangerous conditions that caused your accident. Your lawyer can file a slip-and-fall claim and represent you in court. Contact a premises liability lawyer for legal advice after a slip-and-fall incident.
What Is a Slip-and-Fall Lawsuit?
A slip-and-fall accident is when you’re injured after you slip or trip while on someone else’s property. These cases are premises liability cases. Premises liability is a type of personal injury claim. When someone has a fall injury caused by property hazards, the injured person can file a lawsuit for financial compensation. The injured party has to prove that the property owner is liable for the injury.
What Are Common Causes of Slip-and-Fall Injuries?
Slip-and-fall cases can happen in a business or residence. In some cases, the tenant is responsible if you are visiting a renter. Hazardous conditions are the common causes of slip-and-fall accidents. Common causes of fall cases include:
- Wet floors
- Cracked or uneven pavement or sidewalks
- An object in a walkway with poor lighting
- A tear in the carpeting
- Loose flooring materials
- Uneven stairs
What Types of Injuries Can You Suffer in a Trip or Fall Accident?
Tripping or slipping may not seem like a serious accident. However, slip-and-fall accidents are common causes of serious injuries requiring emergency medical care. Older people can be more at risk of injury in a simple trip or slip. Common types of injuries in a slip-and-fall accident include:
- Back injuries
- Neck injuries
- Broken hip
- Broken bones
- Traumatic brain injury (TBI)
- Spinal cord injury
How Do You Prove a Slip-and-Fall Case?
To win a premises liability lawsuit, you must prove that the property owner is at fault. First, you must show the property owner owed you a duty of care. Second, the property owner breached their duty of care by not maintaining their property. The property owner’s negligence was the cause of your injury. Finally, you suffered actual harm because they didn’t maintain their property.
Many slip-and-fall cases depend on whether the property owner took reasonable measures to ensure the property was safe. Factors in a slip-and-fall personal injury claim include:
- How long the hazardous condition existed
- Property owner inspecting the property for hidden dangers
- Property owner’s knowledge of the hazardous conditions
- Lack of a warning sign
- Prior injuries because of similar conditions
What Evidence Do You Need for a Slip-and-Fall Personal Injury Lawsuit?
You can use evidence to show the property owner is liable for your injuries. After an accident, gather evidence at the scene, including photographs or video of the property conditions. You can get the contact information of any witnesses who saw the accident. Other evidence includes medical records to show the extent of your injuries. A personal injury attorney can help you gather the evidence to support your claim.
What Can I Win in a Slip-and-Fall Case?
If you win a slip-and-fall case, you can get damages from the at-fault party to cover your financial losses. You can file a claim for economic damages, including medical bills, lost wages, future lost income, and future medical expenses.
You can also claim non-economic damages. Non-economic damages are intangible losses you suffered because of the accident. Examples of these damages include:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
Do You Need Legal Representation in a Slip-and-Fall Accident?
Insurance companies may offer you a slip-and-fall settlement to keep your case out of court. A fair settlement is beneficial because it avoids the time and cost of going to trial. However, you may receive less in the settlement amount than you could by taking your case to trial. Talk to your personal injury lawyer about your settlement options.
Be aware that personal injury cases have a statute of limitations. That means you only have a certain amount of time to file your case. If you wait too long, the court could dismiss your claim. Contact a slip-and-fall lawyer as soon as possible to make sure you file your claim in time. Find a local premises liability lawyer to learn out about your rights in a slip-and-fall lawsuit.
Hurt on Someone Else's Property?
Premises liability claims are complex. Lawyers in our directory can look at your case and help you determine the best way to get compensation.