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Everyone has had moments of clumsiness where they trip over their own feet and fall. However, if you happen to fall in a public place due to negligence from another party, you may have a slip-and-fall lawsuit on your hands.
Have you had a serious fall recently and are now wondering if it classifies as a lawsuit? In this post, we will go over what a slip and fall lawsuit is, how to prove negligence and fault for the accident, what to do if you find yourself in a slip and fall accident, and how to go about filing a personal injury lawsuit for the accident.
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A slip and fall accident occurs when an individual falls in a public setting and is seriously injured in the process. However, not every stubbed toe or twisted ankle can be considered a slip and fall lawsuit. The fall needs to be severe enough to cause serious injury to the person who fell, and there must be proof of negligence on the property owner’s part or another third-party group.
Negligence from the property owner or other third party can be tough to prove, as it is not automatically assigned to the business owner when the event happens. There are two main types of negligence, which are owner and occupier negligence, and there are certain components that must be proven for circumstances to be classified as negligence.
Owner negligence refers to the failure of the property owner to maintain a safe environment for their guests or customers. This can include failing to put up a wet floor sign or ignoring potential health hazards present in the space. On the other hand, occupier negligence refers to when the patron or visitor fails to create a safe environment, such as a customer leaving tripping hazards in the middle of an aisle like carts or bags.
The four main components that make up a case of negligence include a duty of care, failure to uphold that duty, causation or actions that cause the accident, and damages that result from the incident.
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Your priority if you find yourself in a slip and fall accident should be to get medical attention as soon as possible. Make sure that you are safe and not in any immediate or serious danger, and get a record of your injuries immediately after the accident occurred.
Try to find the cause of your fall, whether that be from a lack of handrails or tripping hazards in the middle of a walkway.
Gather as much evidence as you can about the location of the accident, the conditions of the area, and any other situational information that may be useful later. This can include pictures and videos of your surroundings.
If there are security cameras anywhere near the scene of the accident, be sure to request the footage from those cameras, as they may have captured the whole incident and how it happened.
If there was anyone around at the time of the accident who witnessed what happened, be sure to get their testimony of the events as well as their contact information. Their testimony may be beneficial in the process of filing your claim and can work as additional proof of what happened.
You should inform the store or establishment of the incident. Every public establishment should have its own accident report filing process, and it is important to get an official record of the incident as soon as possible and while you are present.
Lastly, you need to get in touch with a slip and fall accident lawyer in your area. They know the ins and outs of filing a claim and the legal system in your area, and they will be a vital asset in building a strong case and getting the compensation that you deserve.
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There are instances where you could be found responsible for your slip and fall accident, such as you knowingly walked around a wet floor sign and fell. Personal negligence can be broken down into two categories: contributory and comparative negligence.
In some places, if you contributed to the accident in any small way, then you cannot earn any compensation for the incident.
If you live in an area that abides by comparative negligence rules, then that means the amount of compensation that you can earn depends on the percentage of responsibility that falls onto you. For example, if you are found 10% responsible and the compensation is $5,000, then you will only earn 90% of that total compensation.
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For fall-related accidents, the statute of limitations to file your claim is within 2 years of the accident.
You can file for a slip and fall lawsuit in the court within the area where the business resides. You also have the option to settle, where you come to an agreement outside of court.
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The value of your slip and fall case depends on a series of factors, including your level of responsibility, the severity of your injuries, and the cost of your medical bills.
The business owner should have homeowner’s insurance that will cover slip and fall accidents that occur on their property. This could be where your compensation comes from.
If the slip and fall accident happens while you are at work, then you would file for a worker’s compensation claim rather than a slip and fall lawsuit. For worker’s compensation, you may not have to fight to prove negligence on your employer’s behalf.
Looking for a personal injury lawyer for your slip and fall accident? Shapiro Law Team is your local team of slip and fall accident lawyers who are ready to stand by you and get you the compensation that you deserve. Contact us today or give us a call at (505) 207-5391. We will work with you to create a personalized plan to win your case.