Slip and fall accidents come under the umbrella category of “premises liability” claims — these involve claims brought against a property owner, or claims that otherwise involve the condition of the property on which the victim was injured.
If you’ve been injured in a slip and fall accident, then you may be entitled to compensation, whether you were injured in an airport or a grocery store, or anywhere else. Simply put, if you were exposed to a dangerous condition of property — such as a slippery floor — and that caused you to slip and fall and injure yourself, then you may have a right to sue and recover damages.
To have your case fully evaluated, we encourage you to get connected to a qualified slip and fall lawyer. Call 1-800-THE-LAW2 for a free consultation with one of the experienced lawyers in our network.
Common Factors Leading To Slip And Fall Accidents
Slip and fall accidents can occur due to a number of different factors. Some factors that often contribute to slip and fall accidents include:
- Inadequate or faulty lighting
- Other visibility impediments
- Standing pools of liquid
- Presence of various tripping hazards (i.e., broken flooring, uneven flooring, loose debris, etc.)
- Poor or missing signage
- Infrequent cleaning services
- And more
If one or more of these factors contributed to your slip and fall injury, then you may have an actionable claim against the defendant for their failure to “correct” the issues that led to the accident.
How Slip And Fall Liability Works
Slip and fall liability can be difficult to understand for first-time plaintiffs, so let’s take a moment to explore some basics.
To prove liability in the slip and fall context, you’ll have to show that you were injured due to the existence of a dangerous condition of property. A condition of property is dangerous if it poses an unreasonable risk of harm (when used in a foreseeable manner). This is a highly fact-specific issue.
How does it work?
Suppose that you slip and fall and injure yourself when leaving a restaurant at night. The stairwell is poorly maintained, and as you’re using the railing to balance yourself while going down the stairs, the railing loosens, and you lose your balance, causing you to fall.
The stairwell is a dangerous condition of property. It poses an unreasonable risk of harm when used in the manner in which you did (i.e., using the railings as support). Had you used the railing in an unforeseeable manner (i.e., pushing and pulling against it violently while walking down the stairs), then it will be a lot more difficult to prove that the condition was dangerous.
Now, property owners can only be held liable if they were aware or should have been aware of the dangerous condition.
The property owner in the above example could argue that they were simply unaware of the dangerous condition. You could counter this defense by introducing evidence that they did know about the dangerous condition. Perhaps there were previous slip and fall accidents involving the railing or related customer complaints.
Alternatively, you could show that the restaurant owner did not inspect their property as frequently as expected of the restaurant industry. This might qualify as negligence. Had a property inspection occurred prior to your injury, the dangerous condition could have been discovered and corrected.
How Much Compensation Are You Entitled To Recover?
If you’ve been injured — whether in a slip and fall accident, or some other accident, then you may be entitled to compensation for those injuries. It’s not a simple prediction to “estimate” the total damages, as the damages may vary quite a bit depending on the unique circumstances of your case. For this reason, it’s worth consulting with an attorney who can provide a more comprehensive evaluation of the potential value of your claim.
Under the law, there are a number of different types of losses for which you can be compensated. These include:
- Wage loss
- Loss of earning capacity
- Medical expenses
- Pain and suffering
- Emotional distress
- Property loss
- And more
In some cases, the court may even find that punitive damages are suitable, multiplying the potential damage recovery.
When calculating your overall recovery, you may also want to incorporate the cost of legal representation. It’s worth noting that most slip and fall accident lawyer work on a contingency basis — simply put, they don’t get paid until (and unless) you secure compensation.
There are no upfront costs. You pay nothing out-of-pocket. Instead, the attorney will take a percentage cut of your received compensation. This incentivizes the attorney to secure the maximum possible payout on your behalf.
3 Advantages Of Hiring A Slip And Fall Lawyer
Consider the following:
An experienced attorney understands how to build the strongest possible legal case. Having represented clients in a range of disputes, these lawyers know what evidence is likely to be persuasive, and how best to present that evidence throughout the litigation process.
Skilled lawyers look to secure the maximum available compensation for their clients. Insurance companies are notorious for undervaluing injuries and paying as little as possible in benefits. Your attorney will consider all the legal options, negotiate with insurance companies, and if necessary, proceed through litigation.
With an attorney handling your case, you’ll have the mental and emotional resources to focus on a successful recovery. Slip and fall accidents can be physically devastating, emotionally costly, and financially draining. You don’t need the added stress of strategizing and executing your lawsuit, let an attorney do it for you.
Slip and fall accidents are — by their nature — unexpected. If you’ve suffered an injury in a slip and fall accident, you may be feeling overwhelmed and confused as to what you should be doing next.