Find A Slip and Fall Lawyer
A slip and fall injury occurs when someone slips, trips or falls as a result of a hazardous condition on someone else's property. Slip and fall accidents may occur from a variety of reasons, such as water, ice, snow, an uneven floor surface, poor lighting, a hole, etc. Let whocanisue.com find a slip and fall attorney or accident attorney.
Because slip and fall accidents can be serious and even fatal they should be handled by an lawyer. In some slip and fall cases there is a fixed time limit such as two years from the date of the fall in which to file your personal injury legal claim.
Property owners are responsible for slip and fall injuries to their guests that occur as a result of dangerous or hazardous conditions on their property.
The hazard may be obvious such as a broken stair. Or the hazard may not be easily visible such as a garden hole obscured by grass, or flooring which is slick or slippery.
An accidental hazard can be permanent such as broken concrete with a change in elevation. Or the hazard may be temporary such as spilled cleaning liquid in a supermarket aisle. If you have any questions regarding your claim, contact a personal injury lawyer or slip and fall lawyer.
Generally speaking, if the hazardous condition is permanent in nature the owner is considered to have had prior knowledge. This is because owners are expected to be familiar with their property or use reasonable care to inspect it.
In the case of a temporary hazard (like a liquid spill), the length of time the hazard existed before the slip and fall accident has legal significance. If the spill occurred within minutes of the incident, the property owner may not be liable for the injury since he/she may not have known about it and likely would not have had time to do anything to prevent it.
However, if the slip and fall was present for a period of time beforehand or is a recurring event such as, "every time they wash the floor someone slips" the owner may be liable for the slip and fall injury. At whocanIsue.com, we have personal injury attorneys and slip and fall attorneys to help in your specific case.
Who Can Sue
If you are on someone else's property and injure yourself as a result of a dangerous condition on that property, the landowner or business proprietor may be liable for your injuries and you are entitled to sue for your slip and fall injury.
When A Property Owner Is NOT Negligent:
Property owners generally have two basic defenses to argue their liability in slip and fall claims:
The first defense is that they are not negligent because they weren’t given sufficient time to react. If, for example, a patron slipped on a banana peel dropped on the floor only moments before the accident, the owner could argue that even with due diligence he/she did not have time to discover the danger and take the proper steps to remove it.
The second defense is that the injured person was at fault. The slip and fall lawyer representing the injured may need to prove the accident was not their fault. Using the example of the banana peel on the floor, the owner may claim that any reasonable person, exercising due care for his or her own safety, would see the banana peel on the floor and take all precaution necessary to avoid slipping on it. A Business or Property Owners Responsibility:
A business or property owner bears the responsibility to exercise reasonable care in the maintenance of their property, as well as to notify or warn visitors to the property of any hazards that exist and might lead to a slip, trip or fall. Contact a personal injury attorney or slip and fall attorney for your case.
A business or property owner is liable for a slip and fall accident when he/she is negligent in failing to maintain their property or to warn visitors of a potential danger.
Common Trip And Fall Culprits:
READ MORE ON WHO CAN SUE FOR SLIP AND FALL INJURIES
Elderly Americans and Slip and Falls
- Low objects extending into a walking space or an object intruding into a walk area, such as a misplaced shelf item, can cause a "trip and fall" accident.
- Poor lighting or poor visibility in a walk area can cause missteps which lead to falls.
- Improper handrails or a lack of handrails are not only a cause of falls but also a violation of the American's with Disabilities Act (ADA).
- Unexpected or unmarked changes in floor or ground elevation, torn or insecure carpeting (carpeting that slips easily or is unattached), as well as wrinkled carpeting, are also common causes of "trip and fall" accidents
The Centers for Disease Control (CDC) says that more than 33 percent of adults 65+ are injured yearly in slip and falls. These injuries include bruises, head traumas and hip fractures.
Older adults who fall but may not be injured can develop a fear of falling which limits their activities.
Men over the age of 65 are more likely to die from a fall while women are more likely to have a non-fatal slip and fall injury. Women have more hip fractures than men.
The risk of being seriously injured in a fall increases with age. People 75 and older who fall are four to five times more likely to be admitted to a long-term care facility than those younger and in a similar circumstance. Contact a personal injury attorney or slip and fall attorney for your case.
Because of the perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of civil wrongs.
The average slip and fall injury costs $28,000. (Bureau of Labor Statistics)
In order to sue, a good medical-legal report from a doctor discussing your fall-related injuries, how they have progressed to date and how they are likely to progress in the future is needed. A personal injury attorney or slip and fall attorney will help your case.
You will need to explain how the injury has affected or limited what you do. In order to do this, you may want a functional capacity report, which is produced by an expert and outlines (after a series of physical tests) what you can and cannot do. If there is a psychological component to your injury such as anxiety, depression, fear, rage, etc., that will have to be documented as well.
Any pre-existing injuries and conditions you had prior to your accident have to be noted.
Don’t overlook the fact that you may have claims for both lost wages and loss of future income. For example, an injured worker could claim $50,000 for pain and suffering and $950,000 in lost wages and loss of his/her ability to earn money in the years to come. Discuss the specifics of your case with an experienced personal injury attorney or slip and fall attorney.
Because of the time factor, preserve your right to sue by establishing your slip and fall legal claim as soon as possible. If the time limit passes, you may not be able to file a slip and fall claim.