A slip-and-fall accident can happen just about anywhere and at any time. The victim may suffer serious injuries as a result of the negligence of another person. According to the World Health Organization, 37.3 million people across the globe are hospitalized yearly due to a fall injury. These people most commonly experience severe bodily harm in the form of head injuries or hip fractures. The World Health Organization also reports that there are approximately 684,000 slip and fall fatalities globally each year. If you suffered injuries from a slip-and-fall accident resulting from someone else’s negligence or a hazard, learn how a slip-and-fall accident lawyer can help.
Contact Tyroler Leonard Injury Law at 651-259-1113. Our experienced slip and fall attorneys will help you understand how to prove fault in your premises liability claim.
What Is a Slip-and-Fall Accident?
Slips and falls are among the most widely reported personal injury accidents in the United States. These types of accidents can often lead to serious injuries such as spinal cord injuries, hip fractures, soft tissue injuries, traumatic brain injury, or even death. A slip-and-fall accident claim falls under the category of premises liability. Premises liability is a concept under the law that imposes a duty on a property owner or manager to ensure that the property is reasonably safe for visitors. This means that the owners or managers should regularly check and repair damages in their property and ensure that no evident or perceptible danger remains on their property. For example, a restaurant owner must ensure that the premises are maintained in a reasonably safe condition at all times. If a customer or a restaurant employee falls due to a dangerous condition -- such as a broken staircase, frayed carpeting, loose tile, or a poorly maintained parking lot -- and suffers any kind of injury, the owner may be liable for negligence. Similarly, if an employee trips and falls due to a wet surface area in the office, the employer may be liable if proper warning signs were not present or the employer simply failed to correct the hazardous area in a timely manner.How to Prove Fault in a Slip-and-Fall Accident
A slip-and-fall accident can occur at a shop, business, workplace, or even a friend’s home. For example, a routine visit to a shop may lead to a slip-and-fall accident if the escalators are broken, or there are dangerous conditions in the shop due to the failure to clean or repair a hazardous section of the store. In many cases, slip and fall injuries are the result of the negligence of another person or entity.Four Factors to Prove Fault
To prove that a slip-and-fall accident was the result of another person or entity’s negligence, the following four factors must be proved:- There was a duty of care owed to the victim.
- There was a breach of such duty or a failure to exercise reasonable care.
- The injuries caused were a direct result of such negligence.
- There are actual injuries due to the breach of the duty of care.
Challenges in Proving Fault in Slip and Fall Cases
Sometimes, even though the property owner or manager may have breached their duty to take reasonable care, proving fault might be legally challenging. They might claim that they were not aware of the danger, or the accident happened immediately after the hazardous condition occurred, leaving them with no time to correct the dangerous situation. Further, sometimes, the owner may also claim that the victim suffered injuries due to their own fault. In such cases, it becomes important to consider and evaluate the different factors involved in the injury from a legal viewpoint to prove fault in a slip-and-fall accident. Proving fault in a slip-and-fall accident can be a legally complex process. Contact our personal injury attorneys today at Tyroler Leonard Injury Law at 651-259-1113 to help you evaluate your case.What Kind of Compensation Can I Receive for My Slip-and-Fall Accident?
Every slip-and-fall accident will have different facts and circumstances. However, a victim of a slip-and-fall accident may have the ability to recover compensation for the following economic and non-economic losses:- Hospital and medical bills
- Lost wages
- Future medical costs
- Loss of future earning capacity
- Pain and suffering.
Steps to Take After Your Slip and Fall Accident
If you experienced a slip and fall accident, it’s important to act in ways that protect your safety as well as cover you legally. After a slip and fall accident, consider taking the following steps immediately:- Seek medical help and receive a medical evaluation to determine if you suffered internal bodily injuries that might not show symptoms immediately.
- Preserve all records of your hospital bills, records of time missed at work, and other injury-related expenses.
- Preserve documentation related to the accident, including the time, place, and venue of the accident, how the accident happened; take pictures if possible.
- Communicate to the premises owner or manager regarding your accident and injury in writing.
- Do not settle with your insurance company or make any statements to them without first fully evaluating and understanding all of your legal options and rights.