Slip and fall accidents can happen quickly due to various conditions, such as an icy sidewalk, a slippery spot on a store’s floor, or a loose step in a poorly lit stairway. Sometimes these incidents occur due to a property owner failing to keep the area safe, often leaving victims severely injured.
In such cases, pursuing personal injury claims can help victims receive compensation for their injuries. If you or a loved one got hurt in a slip-and-fall accident, let’s discuss what you need to know before taking legal action:
Understanding the Core Elements of Slip and Fall Cases
In personal injury law, slip and fall cases fall under premises liability, meaning a property owner can be held accountable when someone gets injured due to dangers on their premises. For your case to be considered valid, you must establish the following:
- There was a hazardous condition on the property.
- The owner knew about the danger.
- The owner did not address the hazard or warn visitors.
- You were injured directly because of that danger.
Another thing to consider is the level of responsibility or duty of care the owner owes. It depends on whether you’re an invitee, licensee, or trespasser on the premises. Here’s a breakdown of the various visitor statuses:
- Invitees, such as retail store clients, are owed the highest duty of care. The property owner must regularly check the premises for potential dangers and take reasonable steps to fix or warn people about them.
- Licensees are guests visiting the premises with the owner’s consent. Although the owner isn’t obligated to inspect the property regularly, they must still inform the licensee of potential dangers.
- Trespassers are individuals entering the property without the owner’s authorization. Owners owe them a minimal duty of care and cannot willfully harm them, though there may be exceptions if it’s a child trespassing.
If you are considered an invitee or licensee, your lawyer may proceed with collecting evidence and negotiating a settlement for you. Conversely, if you trespassed or entered the property despite obvious warning signs, they may find it challenging to prove the owner’s negligence and validate your injury claim.
Damages Plaintiffs May Be Entitled To
Assessing the range of losses you can be compensated for is critical when establishing a solid slip and fall lawsuit. There are two kinds of damages to check: economic and non-economic damages. The first type refers to tangible, quantifiable losses that can be verified with bills, official receipts, and other documents, such as:
- Current and future medical expenses for injury-related treatments
- Lost wages (if the injury rendered you unfit to work)
- Costs of property repairs and/or replacement
- Out-of-pocket expenses directly related to injuries, like transportation costs to checkups
Conversely, the second type encompasses intangible losses resulting from the injury. These damages are difficult to quantify and measure in dollars, as they include:
- Physical pain and suffering
- Mental and emotional distress
- Permanent scarring, disfigurement, and/or disability
- Loss of enjoyment of life (including hobbies and social events)
- Loss of consortium/companionship with your spouse
What If You Were Partially at Fault?
Sometimes, the victim is partially to blame for the accident. This could be because they ignored warning signs, wore inappropriate footwear, or walked on the property while distracted by their phone. Victims can still take legal action in such cases thanks to the comparative fault law.
It allows victims to be compensated for their injury, but the amount is reduced depending on how much they are at fault. For instance, if you were found to be at fault by 20% and awarded $10,000 in damages, you would receive $8,000 only.
Time Constraints When Filing Claims
You should pursue an injury claim as soon as possible since there is a statute of limitations or a strict deadline to follow. Typically, you can file within one to four years from the accident date, but the window may vary per state. You may lose your right to seek compensation if you miss this deadline.
There are also exceptions for some cases. For instance, if the injured victim is a minor in a state following a two-year statute of limitations, they can only file a lawsuit from when they turn 18 years old until their 20th birthday. Statute of limitations can be complicated, so it’s best to inquire about the constraints in your state with your attorney for clarity.
Conclusion
Slip and fall incidents happen often and can lead to serious and potentially life-altering injuries. Understanding how these lawsuits work is essential to protect your rights and seek justice. If you’ve been hurt in such an accident, talk to a reputable personal injury attorney immediately afterward. You can explore your options together and get the support you deserve.
