What Is a Slip and Fall Accident?
When a person slips or trips on a hazard and injures themselves from the accident, it is called a slip and fall accident. According to civil law, slip and fall accidents fall under the category of a personal injury case. This means someone was injured on another person’s property. Additionally, this is considered a premises liability claim. The goal of a premises liability claim is to hold the property owner legally responsible for the conditions that led to the accident. As a result, the property owner or another party owes the injured party financial compensation. In general, the property owner has to be proven negligent by failing to keep the premises safe.
Common Slip and Fall Injuries
A slip and fall accident can cause life changing injuries. Slip and fall accidents can even be fatal. Any of the following injuries resulting from a slip and fall accident can lead to deadly health complications for a senior citizen. Common slip and fall injuries:
– Hip Fractures
– Head Injuries
– Cuts and Scrapes
– Nerve Damage
– Back Injuries
– Broken Bones
– Traumatic Brain Injuries
– Knee Injuries
– Muscle Strains
– Wrist Fractures or Sprains
– Spinal Cord Injuries & Paralysis
Common Causes of Slip and Fall Accidents
Slip and fall accidents can happen anywhere. They can happen at work, in parking lots, at grocery stores, or at home. If you have a slip and fall accident, you may be entitled to financial compensation. Contact Bender & Bender today to see if you are entitled to financial compensation for your fall.
Common Causes:
– Electrical Cords
– Inadequate Lighting
– Food Debris
– Negligent Cleaning Schedules
– Lack of Warning Signs
– Greasy Floors
– Dangerous Floor Surfaces
– Poor Floor Construction
– Freshly Waxed or Mopped Floors
– Spilled Liquids
Nearly every slip and fall accident could have been prevented. Owners must take reasonable safety measures in order to not be considered negligent in the case of a slip and fall accident. When an owner negligently fails to take reasonable safety measures and a person injures themselves on the property, the owner may be held responsible for the accident. The owner may need to provide financial compensation for economic and noneconomic damages.
Who Can Be Held Liable for a Slip and Fall Accident?
A slip and fall accident is a category under premises liability law. Premises Liability Law states “a person or entity ‘in control’ of property has a duty: to use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.” (NYSBA)
How Do You Prove Negligence in a Slip and Fall?
Before a slip and fall lawyer can recover compensation for an accident, they will need to prove the defendant’s fault. Generally, this means proving the owner’s negligence. Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances (Cornell). In the terms of slip and fall accidents, negligence refers to a person failing to check for hazards or ignoring a known hazard. Commonly, insurance companies and property managers try to argue that the individual who fell was at fault for the accident. A slip and fall lawyer can assist people with receiving their financial compensation even though another party is trying to deny fault for the accident.
How Long Does a Slip and Fall Case Take to Settle?
Due to medical bills piling up and lost wages, it is common for a person to be impatient for a settlement after a slip and fall accident. No one wants to continue to get further in debt. If a slip and fall accident occurred and it was a result of another person’s negligence, the injured party should not have to pay for medical related expenses. A slip and fall lawyer can help speed up the process and help one receive the compensation they deserve.
Due to the complexity of each case, there is no average timeline for a slip and fall lawsuit. The time it takes for the case to settle varies drastically from one person to another. In some instances, the injured party receives their settlement after a few months, while other cases might take over a year to receive a settlement. It is common for an individual to experience delays during the lawsuit process.
There is a general flow to the process that most cases follow. It begins with the injured party filing an insurance claim. Next, the insurance company will complete their own investigation of the accident. The insurance company can either accept or deny the claim and settlement negotiations. If the insurance company denies the claim or negotiations fail, the slip and fall case may go to court. The four common phases of a person injury lawsuit are: the discovery phase, pretrial motions, mediation, and trial.
How Much Is a Slip and Fall Case Worth?
The settlement received from a slip and fall accident is directly related to the severity of one’s injuries and the expenses associated with the injury. In general, the more serious the injury, the higher the settlement will be.
Individuals may be eligible to recover from the following:
– Legal fees and out of pocket expenses
– Past and future pain and suffering
– Medical expenses
– Disability costs
– Losses of income
– Emotional injuries
