Slip and Fall
Slip and Fall Claims
Slip and fall lawsuits are a type of personal injury lawsuit that is typically filed by someone who is injured in a slip and fall accident to recover the cost of damages from the property’s owner, the person occupying the property, or the person who is leasing the property at the time of the accident.
In most cases, the injured party is suing to recover the cost of medical bills and lost wages. Even though premises liability laws vary from state to state, the injured party generally must prove that the property’s owner, occupant, or lessee neglected to maintain the property or provide a warning to visitors, which resulted in the accident.
Slip and Fall Accidents
There are several different types of slip and fall accidents that can occur due to negligence of the property owner, occupant, or lessee. Some of the more common outdoor slip and fall accidents are caused by:
- Accumulation of snow or ice
- Inadequate outdoor lighting
- Cracks or holes in the pavement or concrete
Some of the more common indoor slip and fall accidents are caused by:
- Failure to provide warning that a floor is wet, damp, or in the process of being cleaned
- Items on the stairs
- Rugs or mats that have curled edges
- Staircases with missing handrails
Proving Slip and Fall Cases
It can be difficult to prove fault in a slip and fall case. Most of the time, the injured party not only has to prove that they were injured as a result of an accident on the property in question, but that the accident was a result of negligence and that the accident wasn’t the injured party’s fault. In order to help your attorney prove your case, you should:
- Seek medical treatment immediately
- Take photographs at the scene of the accident showing why the accident happened, such as pictures of a missing handrail, thick sheets of ice on the ground, or a hole in the concrete.
- Collect names and contact information for anyone who witnessed the accident, if possible
In order for the injured party to prove that he or she didn’t cause the accident several things need to be considered, such as:
- Were there warning signs or safety instructions posted that the injured party failed to notice or follow?
- Was the injured party doing something at the time of the accident, such as talking on the phone or texting, that prevented the person from noticing a hazardous condition that would typically be noticed by a person who was completely aware of his or her surroundings?
- Did the injured party have a reason to be at the site where the accident occurred or have lawful access to the area?
Slip and Fall Attorney
In addition to premises liability laws varying from state to state, the statute of limitations for slip and fall lawsuits also varies depending on the state. If you’re injured in a slip and fall accident, you should contact an experienced slip and fall attorney as soon as possible. With an attorney’s help and guidance, it will be easier for you to prove your case and overcome common issues related to slip and fall lawsuits.