Who Pays After a Slip and Fall Injury?

Slip and fall accidents don’t always look very serious but can cause severe injuries. These serious injuries can include head, back, and neck injuries. Even simple slip-and-fall accidents can cause permanent damage. These accidents may cost thousands of dollars in medical bills and leave the injured victim out of work.

The person responsible for causing the accident is liable for financial compensation. You can recover financial damages for a slip and fall accident in a premise liability lawsuit. To find out about how you can recover damages after an accident, contact a premises liability attorney for legal advice.

Understanding Premises Liability in Slip and Fall Cases

Under premises liability law, when someone slips and falls on another person’s property, the property owner may be liable for the victim’s injuries. Property owners are generally responsible for maintaining a safe environment. Failing to keep the property safe could result in a civil personal injury lawsuit. For example, a grocery store owner could be responsible if a customer enters their property and slips and falls due to a spill on the floor.

Roles of Property Owners, Tenants, and Businesses

When a slip and fall injury occurs, several parties may be liable. Liability can depend on who controls the property. In some accidents, multiple parties share liability for the accident. Liable parties might include one or more of the following:

• Property owner
• Tenant
• Business owner
• Property manager
• Property maintenance company
• Government agency

For an injury that takes place at a residential property, the homeowner is generally liable for damages. Homeowners have a duty to protect guests or warn them of potential dangers. For apartment buildings, the landlord is generally liable for keeping common areas safe.

For commercial properties, the building’s owner is generally liable for injuries due to negligence. The management company that maintains a property could also be liable. If a business is renting a commercial property, the tenant may also have a duty of care to keep customers safe from harm.

In some cases, a government agency could have some responsibility. Poorly maintained sidewalks in public areas can result in slip and fall injuries. If the city or state was aware of the hazardous conditions, they could be responsible for paying damages.

Factors Influencing Liability

Just because you get injured on another person’s property doesn’t guarantee that the property owner is liable. Under comparative negligence, the injury victim’s damages are reduced if they are responsible for the accident. Depending on state law, the injured party may lose the right to collect any damages.

Seeking Compensation for Slip and Fall Injuries

A slip and fall injury can end up costing you thousands of dollars. In a personal injury lawsuit, you can recover compensation from the party responsible for causing the accident. Economic damages in a personal injury case include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Continuing medical care

You can also get non-economic damages for your injuries. Non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of quality of life

Damages in a Fatal Slip and Fall Accident

A slip-and-fall injury victim who dies in an accident can’t file a personal injury claim to get compensation. However, family members can recover compensation in a wrongful death lawsuit. Money will not bring back the loved one, but it can help the family. It can also hold the property owner responsible. Damages in a fatal accident can include:

• Medical costs before death
• Burial costs
• Funeral expenses
• Loss of support

Property Owner’s Defenses to a Slip and Fall Claim

The property owner and their insurance company will challenge your claim, so they don’t have to pay for your medical treatment and other damages. Your personal injury attorney can anticipate these defenses and prepare challenges to help you win your case. Possible defenses to a slip-and-fall accident include the following:

• You were trespassing: Property owners in some states have a lesser duty of care to people who trespass on their property.
• The property owner gave a warning: If the property owner was aware of the dangerous condition and made efforts to protect visitors from it, the injured visitor might not recover damages. For example, a property owner may put up temporary barriers around a wet floor.
• Horseplay or reckless behavior: If the injured person was acting recklessly, they might be responsible for their injuries.
• Claim filed outside the statute of limitations: There’s a limited time to file personal injury lawsuits, depending on the state. If you file too late, the court can dismiss your claim.

The Importance of Consulting a Lawyer

In a slip and fall case, you may find it difficult to determine who is at fault for your injuries. A personal injury lawyer can determine which parties are liable. Your lawyer can also help you prove you weren’t responsible for the accident. This can help you receive the maximum slip-and-fall settlement amount.

A slip-and-fall attorney can explain your legal options and take your case to court. They can negotiate with the insurance adjuster to get a fair settlement for your slip and fall claim. Contact a premises liability accident lawyer for help with your slip and fall lawsuit.