Slip and fall accidents occur in many different locations and often result in serious injuries that can have long-lasting effects on your health and livelihood. Whether the injury occurred on public property, at a business establishment, or even in someone else’s home, fall victims have legal rights that need to be protected.
At Rosenfeld Injury Lawyers, our legal team specializes in handling slip and fall cases. We understand that each case is unique and requires attention to detail to establish liability and demonstrate the extent of damages.
Why Choose Rosenfeld Injury Lawyers
Choosing Rosenfeld Injury Lawyers for your slip and fall case ensures you receive the maximum compensation you deserve. Our experienced legal team specializes in slip and fall cases and has a proven track record of securing substantial settlements and verdicts for clients.
Fatal slip and fall in a hospital
Knee injury on a construciton site
Pelvis fracture on ice at a church
Slip and fall down a flight of stairs
Broken arm at a large chain store
Broken arm and wrist at an office
We meticulously investigate every detail of your case to build a strong claim, ensuring that all medical expenses, lost wages, and pain and suffering are fully accounted for. Our slip and fall lawyers are committed to fighting tirelessly on your behalf, prioritizing your financial recovery and providing compassionate support throughout the entire process.
Common Causes of Slip and Falls
Slip and fall accidents can happen for a variety of reasons, some of which will lead to slip and fall injury lawsuits. Some common causes include:
- Distraction: Walking while using mobile devices or not paying attention to surroundings increases the likelihood of slipping or tripping over obstacles.
- Improper Footwear: Shoes with insufficient grip or unsuitable footwear for the environment can lead to loss of balance on various surfaces.
- Negligence or Failure to Warn: Property owners have a responsibility to maintain safe premises and warn visitors of any known hazards. Failure to do so can result in injuries and liability.
- Insufficient Training or Supervision: Inadequate training or supervision of employees can create a dangerous condition on a property, leading to a slip and fall accident. In some cases, this will lead to a workers’ comp claim since the accident occurred at work.
Types of Slip and Fall Accidents
Slip and fall accidents can occur in various settings and are often categorized based on the type of hazard responsible for the fall. Below are some primary types of cases handled by our slip and fall lawyers.
Wet or Slippery Floors
Wet or slippery floors are a common cause of slip and fall accidents and can result from spills, leaks, or inclement weather. For instance, water or other liquids spilled on the floor can create hazardous conditions if not promptly addressed. Additionally, floors that have recently been waxed or polished without sufficient warning signage can lead to unexpected and dangerous slips.
Uneven or Damaged Surfaces
Uneven or damaged surfaces are a leading cause of slip and fall accidents. These surfaces can include cracked sidewalks, potholes, and loose carpeting that create uneven walking conditions. When surfaces are not properly maintained, they can become major tripping hazards, leading to significant injuries.
Inadequate Lighting
Proper lighting is essential to maintaining a safe environment, and inadequate lighting can significantly increase the risk of slip and fall accidents. Dim or poorly lit areas can obscure potential hazards such as uneven surfaces or obstacles, making it difficult for individuals to navigate safely.
Cluttered Walkways or Aisles
Cluttered walkways or aisles present a significant danger as they can cause individuals to trip and fall. Items left in passageways, such as boxes, cables, or other obstacles, can block paths and create tripping hazards.
Stairs and Escalators
Navigating stairs and escalators poses unique risks, especially when they are not properly maintained. Worn-out steps, inadequate handrails, or sudden stops can result in falls. Proper design, regular inspection, and maintenance of stairs and escalators play a vital role in safety.
Other Hazards
Weather-related hazards such as ice and snow are common contributors to slip and fall accidents, particularly in colder climates. These conditions can make sidewalks, parking lots, and walkways exceptionally slippery, necessitating prompt clearing or treatment with de-icing agents to mitigate associated risks.
Common Slip and Fall Injuries
Slip and fall accidents can result in a wide range of injuries. Some of the most common include:
- Broken Bones and Fractures: These injuries often occur when a person tries to break their fall, resulting in fractures of the arms, wrists, hips, or legs.
- Neck and Head Injuries: Impact to the head or neck during a fall can result in concussions, whiplash, or even severe head trauma.
- Spinal Cord Injuries: Falls can cause damage to the spinal cord, leading to paralysis. This can significantly impact a person’s quality of life.
- Soft Tissue Injuries: Sprains, strains, and tears in muscles, ligaments, and tendons are common and can lead to significant pain and reduced mobility.
- Traumatic Brain Injuries (TBIs): A blow to the head can result in a traumatic brain injury. These can include mild concussions or even severe brain damage, with long-term cognitive and physical effects.
- Internal Injuries: Severe falls can cause internal bleeding and damage to organs, which may require the injured party to seek medical attention and can be life-threatening.
- Aggravation of Preexisting Conditions: Slip and fall accidents can exacerbate existing medical conditions, resulting in increased pain and suffering and medical complications.
Proving Liability for a Slip and Fall Injury
To successfully pursue a slip and fall claim, you must prove liability by demonstrating that the negligence of the property owner caused the accident. This involves several steps that establish the elements of negligence and link the injury to the property owner’s actions or inaction. Here’s how you can prove negligence:
Establishing the Property Owner’s Duty of Care
The first step in proving liability is to establish that the property owner owed a duty of care to the person who fell. Property owners are generally required to maintain their premises and take reasonable precautions for visitors. This duty of care extends to ensuring that floors, walkways, and other areas are free from hazardous conditions that could lead to slip and fall accidents.
Proving Negligence or Breach of Duty
Next, it must be shown that the property owner breached their duty of care. This involves demonstrating that the owner either knew or should have known about the hazardous condition and failed to take appropriate action. Examples of breaches can include showing that a fall occurred due to inadequate maintenance, failure to clean up spills, or not repairing broken flooring.
Failure to Correct or Warn of the Hazard
Proving liability also involves showing that the property owner failed to take reasonable steps to correct the hazardous condition or adequately warn visitors about it. This can include not placing proper warning signs around wet areas, neglecting to fix uneven surfaces, or failing to barricade off dangerous sections of the property.
Demonstrating Causation and Damages
Finally, it is essential to demonstrate causation by linking the injury directly to the property owner’s negligence. This involves providing evidence that the hazardous condition was the direct cause of the fall and resultant injuries. Medical records, eyewitness testimony, and expert analysis can all be instrumental in establishing a clear connection between the property owner’s negligence and the damages of the fall accident victims.
What a Slip and Fall Lawyer Can Do for You
Slip and fall cases can be complex and challenging to navigate without assistance from an experienced law firm. A knowledgeable slip and fall accident lawyer can provide invaluable support throughout the entire process, ensuring that claimants have the best chance of securing fair compensation. Here’s how they can help:
Investigating the Accident
One of the first steps a slip and fall lawyer will take is to thoroughly investigate the accident. This involves gathering critical evidence such as photos and videos of the accident scene, and obtaining witness statements to corroborate the injured party’s account of events. It’s essential to preserve evidence of the hazardous condition that caused the fall, like photos of unsafe flooring, broken handrails, or other dangerous conditions.
Determining Liability
A slip and fall lawyer will work diligently to identify the responsible party, whether it’s the property owner, a business, or another entity. The premises liability lawyer will analyze the relevant insurance coverage to ensure that all potential sources of compensation are considered.
Negotiating with Insurance Companies
Dealing with an insurance company can be a frustrating task, as they often use tactics to minimize payouts as much as possible for any kind of personal injury accident. A seasoned slip and fall lawyer is well-versed in these strategies and will negotiate assertively with insurance companies to fight for fair compensation on behalf of the injured person.
Filing a Lawsuit and Litigating in Court (If Necessary)
If a full and fair settlement cannot be reached through negotiation, a slip and fall lawyer will not hesitate to file a personal injury lawsuit and represent the claimant’s interests in court. This includes preparing all necessary legal documents, presenting evidence, and advocating for them during legal proceedings.
Compensation You Can Recover in a Slip and Fall Case
Understanding the types of compensation available in slip and fall claims is crucial for ensuring that injured parties receive the full extent of what they are entitled to. Compensation can broadly be categorized into three types: economic, non-economic, and punitive damages. Each category addresses different aspects of the losses and injuries.
Economic Damages
Economic damages refer to the financial costs directly associated with the slip and fall accident. Plaintiffs can recover compensation for:
- Medical Bills: Medical expenses for all types of medical treatment, including hospital stays, surgeries, medications, and rehabilitation therapy.
- Lost Wages: Lost wages for the time the injured party was unable to work due to the injury.
- Lost Earning Capacity: Loss of earning capacity if the injury results in long-term or permanent disability.
- Property Damage: Property damage that occurred as a result of the slip and fall incident.
- Other Expense: Any other out-of-pocket expenses related to the injury, such as transportation costs for doctor appointments.
Non-Economic Damages
Non-economic damages address the more subjective impacts of slip and fall injuries and cannot usually be determined by a monetary amount. These can include:
- Pain and Suffering: Pain and suffering endured as a result of the injury.
- Emotional Distress: Emotional distress stemming from the incident and its aftermath.
- Loss of Enjoyment: Loss of enjoyment of life, if the injury prevents the plaintiff from participating in activities they previously enjoyed.
- Loss of Consortium: Loss of consortium, which pertains to the negative effects on the claimant’s relationships with their spouse or family members.
Punitive Damages
Punitive damages are awarded in slip and fall accident cases where the defendant’s actions were particularly egregious or reckless. These damages are intended to:
- Punish the defendant for their misconduct
- Deter similar behavior in the future by the defendant and others
Punitive damages are less common in slip and fall cases but may be applicable in situations involving gross negligence or willful disregard for safety.
Statute of Limitations for Filing a Slip and Fall Lawsuit
The statute of limitations sets a legal deadline for how long a claimant has to file a lawsuit after a slip and fall accident. This time frame varies significantly depending on state laws and can range from as short as one year to several years from the date of the injury.
It is essential for injured parties to familiarize themselves with the specific statute of limitations in their jurisdiction to ensure their right to seek compensation is preserved. Failing to file a personal injury claim within the statutory period often results in the waiver of the right to pursue legal action, irrespective of the claim’s validity or severity.
Consulting an experienced slip and fall accident lawyer can provide guidance on these time constraints and help navigate the complexities of state-specific legislation.
Contact an Experienced Slip and Fall Lawyer to Fight for Your Rights!
If you or a loved one has been injured on someone else’s property in a slip and fall accident, it is crucial to seek the assistance of an experienced attorney who specializes in personal injury law, specifically, premises liability claims like slip and falls. An experienced slip and fall lawyer from Rosenfeld Injury Lawyers can provide the expertise necessary to build a strong premises liability case, ensuring that you receive the full compensation you deserve.
Protect your legal rights and maximize your recovery by contacting our slip and fall lawyers to schedule a free consultation with our slip and fall attorney. We work on a contingency fee basis, so you will not pay any legal fees unless we are successful in your serious injury claim.
Call us at (888) 424-5757 or complete our online form to speak with us and determine how much compensation you could be entitled to.