A slip and fall is a situation where someone is injured after they slipped, fell or tripped on someone on someone else’s property. Slip and fall cases are a subset of premises liability claims. The basic premise behind these types of cases is that property owners have a duty to maintain their property in a safe manner.
What are the Different Types of Slip and Fall Accidents?
Slip and fall cases can happen in a variety of different ways. Below is a list of examples:
- Slippery surfaces
- Icy surfaces
- Cords, cables and wires
- Unsafe flooring
- Poop lighting or visibility
Who is Liable for a Slip and Fall Case?
In most situations, property owners are liable. Generally, in order to succeed on a slip and fall case, the plaintiff must prove that the owner of the property owed a duty of care to the plaintiff, that that duty of care was breached, that the breach caused the plaintiffs injuries, and that the defendant suffered damages.
What Damages can a Plaintiff Recover in a Slip and Fall case?
Plaintiffs can recover economic and non-economic damages in personal injury cases. Economic damages can include medical expenses. There are a lot of different types of medical expenses that the plaintiff could incur after a slip and fall.
This could include doctor bills (cost of surgery), x-ray bills, and cost of in-home assistance. The cost of in-home assistance is especially important for elderly individuals who have been a victim of a slip and fall.
Plaintiffs can also recover for the cost of future medical care. Another economic damage that the plaintiff can recover is for lost wages. This will come into play in situations where the plaintiff is injured as a result of a slip and fall and cannot return to work. Plaintiffs can also recover for the cost of rehabilitation and medication.
A plaintiff may also be entitled to non-economic damages including pain and suffering, and lack of enjoyment of life.
How Successful are Slip and Fall Cases?
The success of a slip and fall case depends on the particular facts at issue in that case. If you have questions about your slip and fall you should contact a personal injury attorney. Experienced personal injury attorneys help their clients get just compensation in the wake of a slip and fall case.
What is Comparative Negligence?
Comparative negligence is a legal defense that the defendant can raise in a lawsuit. The court totals the plaintiff’s injury and the reduces the plaintiff’s recovery based on her contribution to the injury. For example, if the fact finder (the judge or jury) determines that the plaintiff was 30% responsible for the slip and fall the plaintiff’s damages will be reduced by 30%.
The possibility of a reduction in damages based on comparative negligence often means that plaintiffs need to contact an attorney if the defendant attempts to claim that your damages should be reduced based on comparative negligence.
How will my Slip & Fall Case proceed in Court?
The first stage of your slip and fall case is filing the complaint. Once you file the complaint the defendant will file an answer. Then the lawsuit will proceed to discovery. During this stage, the parties will exchange information and evidence. Then the parties can file motions such as a motion for summary judgment. If the case doesn’t settle, it could ultimate proceed to trial.
Remember that a lot of lawsuits settle out of court. There is a possibility that your lawsuit could settle at any point before the jury verdict.
When Should I Contact an Attorney?
After a slip and fall, you may come in contact with an insurance company. Remember that insurance companies have their bottom line in mind when they are making injured parties offers to settle. In other words, the insurance company is not your friend.
The lawyers at Hutchison & Stoy, PLLC offer free case consultations. The Warriors For Justice are happy to fight for you in your quest to receive adequate compensation for your injuries.