Understanding Trip-and-Fall Accidents

Tripping and falling can cause serious injuries. Many people think tripping is a sign of clumsiness or not paying attention. But dangerous conditions like uneven sidewalks or poor lighting can cause tripping injuries. Property owners have a responsibility to make sure their property is safe from hazardous conditions.

Premises liability laws differ in every state. To find out about your legal rights after a trip-and-fall accident, talk to a premises liability attorney.

Common Causes of Trip-and-Fall Accidents

Slip-and-fall and trip-and-fall accidents are different. A slip-and-fall accident happens when you lose your footing on a slippery surface like a wet floor or icy sidewalk. A trip-and-fall accident happens when you fall over a tripping hazard, obstacle, or uneven surface.

Trip-and-fall cases usually involve trip hazards. Trip hazards include torn carpets, potholes, inadequate lighting, or obstructions in your path. Examples of tripping and falling accidents include tripping on:

• Poorly maintained walkways
• Torn carpeting
• Debris on the ground
• Loose rugs
• Potholes in parking lots
• Extension cords
• Uneven stairs

Proving Negligence in Trip-and-Fall Cases

A premises liability lawsuit is a personal injury claim where the property owner is responsible for the victim’s injuries. Property owners have a duty to others to maintain a safe property free from dangerous conditions. Depending on the state, property owners have different responsibilities based on the type of visitor. They generally have to make sure their property is safe or warn visitors about hidden dangers.

To get compensation in a trip-and-fall lawsuit, you must prove the property owner is responsible. Elements of a trip-and-fall claim include:

• The property owner had a duty of care to make sure there were no hazards
• The property owner breached their duty by failing to repair or warn about a dangerous condition
• The dangerous condition caused your accident
• You suffered harm as a result, including physical or financial damages

Liability for Trip-and-Fall Injuries

Generally, the property owner is liable for dangerous trip hazards. But other parties could share liability in a trip-and-fall accident. Parties liable for trip-and-fall injuries could include:

• Landlords
• Tenants
• Property management companies
• Landscaping companies
• Government agencies

In some trip-and-fall accidents, you may have some liability for your injuries. Comparative negligence determines how much fault the injured person had in the accident. Contributory negligence can reduce your compensation in a personal injury lawsuit.

For example, you’re walking through a grocery store, and there is an electrical cord across the aisle. While looking at your phone, you trip over the cord. A jury found you were 25% responsible, and the grocery store was 75% responsible. In most states, you could only get 75% of your damages from the grocery store because you were partially at fault.

Evidence You Need To Win a Trip-and-Fall Lawsuit

Evidence can help you win your trip-and-fall injury claim. After the accident, gather any evidence that supports your case. Take pictures of the accident scene. Get photos or video of the trip hazard, accident location, and the accident scene.

Get medical treatment after the accident. Go to the emergency room for any severe injuries. Getting medical attention will also provide evidence of your injuries. Medical records can show evidence of spinal cord injuries, sprains, broken bones, and traumatic brain injuries.

Identify any witnesses. If people saw the accident, get their contact information. Their testimonies can help your case by giving a firsthand account. See if any security cameras recorded the accident.

Compensation in a Personal Injury Case

You can recover compensation for your injuries in a personal injury lawsuit. Compensation includes economic damages and non-economic damages. Common damages in a trip-and-fall accident case include:

• Medical bills
• Lost income
• Loss of earning potential
• Future medical expenses
• Pain and suffering
• Property damage
• Attorney fees

Importance of Consulting a Premises Liability Lawyer

Insurance companies will challenge your trip-and-fall incident claim to avoid liability. A trip-and-fall attorney can deal with the insurance company to help you get compensation. Trip-and-fall lawsuits have many challenges. An experienced personal injury lawyer familiar with premises liability laws can help you avoid common pitfalls.

Your state has a specific time limit for filing a premises liability claim. If you file your claim after the statute of limitations, the court will deny your claim. Contact a lawyer as soon as you can to make sure you file your trip-and-fall claim before the deadline. Your trip-and-fall lawyer can give you legal advice about getting a settlement or whether you want to take your case to court.

Most personal injury lawyers offer a free case evaluation at no charge until you win your case. Contact a premises liability lawyer for help after a trip-and-fall accident.