Slipping and falling is a common accident that occurs on somebody else’s property. Whether you sustained injuries in this accident due to an even surface or a hazardous condition, they could cause both physical and emotional pain. Because of your slip and fall injuries, you may not be able to work and enjoy the things you used to enjoy before the accident. Because of this, you may want to hire an injury attorney from The Law Offices of Anthony Carbone to help protect your rights.
Causes of Slip and Fall Accidents
Slip and fall accidents are common in both private and public places such as retail outlets, restaurants, grocery stores, people’s homes, and apartment complexes. They can result from dangerous conditions such as slippery and wet floors, insufficiently maintained staircases, spilled foods and beverages, freshly mopped floors, broken or missing handrails, lifted rugs or mats, inadequate lighting, and others.
Property owners can address unsafe conditions through routine inspections, securing possible tripping hazards, proper maintenance, repairing defective conditions, and mopping up spills. Not correcting these conditions promptly can make property owners liable when somebody sustains injuries.
Common Slip and Fall Injuries
Usually, slip and fall accidents lead to minor injuries like cuts and bruises that don’t require medical treatment. But some victims may suffer severe injuries that can affect their life for many years or even forever. Examples of slip and fall injuries you may be able to secure compensation for include soft tissue injuries, concussions, traumatic brain injuries, broken bones, hip fractures, abrasions, neck and shoulder injuries, spinal cord injuries, knee damage, and back injuries. Such kinds of injuries may lead to expensive, ongoing medical bills, lost wages, as well as pain and suffering. After sustaining injuries in a slip and fall accident on a property owned by another party, you must consult an injury lawyer as soon as possible.
Showing Liability
As a victim in a slip and fall case, you should show you were hurt due to somebody else’s negligence or irresponsibility. It is the responsibility of every property owner to keep their premises safe for visitors. They can be held accountable for unsafe conditions that resulted in a fall due to actions they failed to or improperly take when required.
You must show that the property owner or their staff knew about the possible hazard on the premises or should have known about this but did not take action to fix it. Also, you must demonstrate that your sustained tangible injuries due to the unsafe condition. Your attorney can collect evidence to prove liability in your lawsuit.
How to Prove Your Slip and Fall Case
Proving your case involves showing that the accident occurred on somebody else’s property and that it was their fault. This means the owner or manager of the property took action that created a risk that somebody else can get hurt. Their action does not have to be intentional or malicious. Instead, their negligence causes the accident and your injuries. Moreover, all victims of slip and fall accidents should present solid evidence to the court, so they can demonstrate the type of guest they were, which can significantly impact their slip and fall case. Just because you slipped and fell on someone else’s property does not automatically make you eligible for compensation. Property owners have various legal duties to those who visit their property, depending on their status or the reason they were on the property when the accident took place. Visitors are categorized into invitees, licensees, and trespassers.
For instance, if you visit a fast-food restaurant, so you can use its bathroom and not to buy something from what it offers, you visit there as a licensee, not a business invitee. A buying customer is a business invitee. Your status dictates your rights. Your slip and fall attorney can walk you through how your status on the property impacts your claim.
Necessary Evidence
If you are planning to file a slip and fall claim, you need to provide the insurance company or the property owner with the following evidence that proves your injuries and losses:
- Photos and videos. These photos or videos include the location of the accident and the injury you suffered because of the accident. Ensure you take photos or videos of the hazards that may have caused your fall.
- Medical records and bills. These pieces of evidence can demonstrate the extent of your injuries and the expenses you have paid or will need to pay for your treatment.
- Proof of reduced or lost income. If your injuries forced you to be away from work, you might be able to pursue compensation for lost income, which covers wages and benefits.
- Witness testimony. If some people witnessed your fall, you should get their contact information and ask them if they are willing to give statements about the accident.
What Your Attorney Can Do
Your slip and fall attorney will review the details of our accident and case as well as give you advice on your potential damages and legal options. They can handle the necessary paperwork and file your claim promptly with the civil court. Also, they can negotiate with the property owner’s insurance provider and the lawyer of the opposing party for you.
Aside from proving liability, your attorney will collect other kinds of evidence. They may visit the accident scene to take photos and speak with witnesses or have an investigator do it for them. They can find those who have witnessed your accident and those who have had issues with the property before. If your attorney finds a previous victim of the same accident on the same property or site, this can prove the owner of the property knew about the problem and risk but did not take appropriate action to remedy it.
Moreover, your lawyer will deal with other lawyers and courts. If you enter mediation, the lawyer of the defendant may try to make a settlement offer that benefits each party. During mediation and trials, your attorney can do the talking for you. If your case results in a trial, your attorney will give you evidence and help prove that somebody else is liable for your injuries. No matter how serious your injuries are, you must speak with an attorney to better understand your rights.
