Have you been injured as a result of a slip and fall accident? We can help!
Slip and fall accidents are some of the most common accidents and can happen at any time. Fortunately for many, the slip and fall does not result in a serious injury and the person can walk away unscathed. Unfortunately for some, however, the slip and fall accident results in a serious injury that leads to an uncertain future. In fact, slip and fall accidents rank as the second leading cause of injuries in the entire United States, some even resulting in death.
Slip and fall accidents can occur virtually anywhere. From the grocery store to the local shopping mall, at school or in the office, there may be a slippery danger or poorly lit area waiting for an accident to happen. The vast majority of slips and falls happen due to dangerous conditions or environmental hazards like these, which are often attributable to property not being properly attended to by its owners. Generally, the law requires property owners to use reasonable care in maintaining and managing their property to ensure that the areas are free from unreasonable risks of harm. If a property owner does not repair a hazard or give an ample warning regarding the existence of a hazard, he/she can be found negligent and, therefore, liable for any injuries suffered as a result.
Most slip and fall accidents are categorized under the law of negligence. Generally, a person or business is negligent where they had a duty to act in a certain way or abide by a reasonable standard of care, but failed to do so and breached that duty, which ultimately caused you to suffer an injury and damages. The standard typically used to judge negligence is the “reasonable person” standard: whether a person acted as a reasonable person would have acted in the same circumstances. The crux of proving that someone else’s negligence is responsible for your injury is establishing that they not only breached a duty owed to you, but if not for that breach you would not have been injured. In other words, their failure to act reasonably directly caused your injury.
Proving that the property owner should be held liable for your injuries is very often a difficult challenge. First, it may be necessary to determine who is legally liable. An employee of a company may have created the hazard or been negligent in his duty to make an area hazard free, but the employee is not the proper person or entity that should be sued. Rather, their employer, whether it be a private company or a government entity, will be the one who should be held liable, and each are held to different laws and standards that your attorney is responsible for navigating and helping you understand.
In order for a slip and fall case to be successful, the attorney must establish more than the mere fact that a dangerous condition existed, but also that the property owner knew or should have known of its existence before the accident took place. A skilled and experienced attorney will inspect the site of the accident, collect and secure evidence of the hazard’s danger, and track down witnesses to investigate. In some cases, it may be appropriate to hire experts regarding local safety standards and government codes.
This standard is not always easily met. Slip and fall accidents can often be solely attributed to the fault of the victim, but this is not always the case. The defense attorneys, however, will be sure to focus on the victim and attempt to convince the court that his/her injury is nothing more than a product of their own clumsiness. Therefore, the defense will argue, the victim is not entitled to any compensation for injuries caused by personal clumsiness. Having suffered an injury from a slip and fall accident is embarrassing enough. You will need an attorney eager to fight on your behalf for the compensation you deserve.
Your life may not be the same after suffering a severe injury from a slip and fall accident. You may suffer chronic physical pain, or be unable to work as a result of the injury which burdens your finances and stream of income. Not to mention, the medical expenses necessary to treat your injury can be steep. Depending on the circumstances of your case and the extent of your injury, you may be able to seek damages for physical injury, lost wages as a result of the injury as well as impairment of future earning potential, medical expenses both present and future, and property damage.
If you have suffered an injury from a slip and fall accident, do not hesitate to take advantage of our expertise. You will need a skilled and experienced attorney by your side throughout this trying time. Contact us immediately to discuss your rights and whether or not you have a legal claim.