Slip and Fall

The overarching factor in determining liability in a slip and fall accident is demonstrating the property owner’s “breach of duty” – their failure to take reasonable steps to mitigate known hazards or conditions likely to cause slip and fall risks to lawful visitors. Proving liability often involves showing the owner knew – or reasonably should have known – of risks like uneven floors or poor lighting but neglected to fix them or warn visitors about them. However, nuances apply based on the injured person’s specific legal status on the property. For instance, a trespasser entering private property uninvited has limited options compared to a paying customer who reasonably expects safer conditions where their business is welcomed. Prior complaints or incidents help establish the owner was on notice about risks. For example, if previous slips in a grocery store aisle prompted past lawsuits or injury claims yet no corrective action was done, it strongly shows negligence about a foreseeable recurring danger. Turning a blind eye does not relieve liability.

While insurance policies cover a portion of damages, our lawyers dig deeper to identify all parties who may share liability. This may include construction companies who built unsafe steps, flooring contractors who installed inappropriate materials conducive to slipping, maintenance companies who neglected safety lighting, and more. Involving all negligent parties maximizes recovery potential.

Premises liability laws hold owners and occupiers responsible for taking reasonable steps to keep their properties safe for lawful visitors. The law extends liability to dangers a reasonable owner should have identified and fixed to fulfill their duty. Failing this basic standard of care makes owners accountable for preventable falls, even without prior notice.

But in slip and fall claims, owners often deny awareness of the specific hazard that caused a victim’s accident. However, compelling legal arguments can still establish liability under a “should have known” standard. For instance, a large puddle in a grocery aisle is clearly visible and should be swiftly addressed before an accident occurs. High-traffic restaurant areas prone to spills mandate close monitoring and floor treatment to reduce foreseeable slip risks. And disregarding needed stair repairs due to cost concerns suggests willful negligence about probable dangers. With extensive premises liability experience, our attorneys know how to handle these nuanced cases. We conduct thorough investigations to identify the negligence behind slip and falls so injury victims receive fair compensation.

Our experienced slip and fall attorneys know injuries can happen anywhere subtle property defects or negligence lead to slips, trips, or falls. These falls can be caused by:

• Wet floors from leaks, weather, or spills
• Uneven walking surfaces like cracked and eroded sidewalks
• Poor lighting in stairwells, basements, or dim corridors
• Unsecured throw rugs on polished slip-prone floors
• Damaged steps and absent guardrails on staircases
• Obstructed views from temporary impediments or distractions
• Loose boards, tiles, or torn carpeting
• High foot traffic areas like food courts with messy spills

Our attorneys conduct thorough investigations to identify the root cause behind each preventable accident, establishing what conditions, oversights or hazards directly precipitated the events.

Slip and fall accidents inflict a wide range of injuries, from minor to life-altering. The sudden, uncontrolled forces involved in a hard fall can traumatize bones, soft tissues, and organs throughout the body. Some of the most common severe injuries our attorneys see include:

• Hip fractures – a hard fall often shatters fragile hip bones in older adults, requiring hospitalization and surgical screws or replacement. Prolonged rehabilitation is often necessary to walk again.
• Traumatic brain injuries – head impact with hard surfaces can lead to concussions, bleeding around the brain, memory deficits and even permanent disability.
• Spinal cord injuries – sudden trauma can pinch nerves, herniate discs or fracture vertebrae, impairing mobility and sensation. Some effects may be permanent.
• Shoulder dislocations – the momentum of falls violently wrenches and dislocates arm joints from sockets. Surgical repair and therapy helps regain function.
• Fractures – fractures often require immobilizing casts or traction pins for many weeks – leg and ankle fractures often require physical therapy to eventually walk again.
• Back injuries – herniated discs, muscle pulls, and tissue tears can cause debilitating pain and ongoing limited mobility.

Our personal injury attorneys have recovered countless verdicts and settlements for clients suffering these painful and life-changing injuries from preventable slip and fall accidents. We are wholly dedicated to easing slip and fall victims’ burdens so they can focus on healing and recovery.

Slip and fall accidents can inflict immense physical pain, emotional distress, and financial burdens. Our attorneys help injured victims pursue compensation through claims or litigation so they can focus on healing, not fighting uphill legal battles alone. Below are typical damages we assist clients in recovering:

Medical expenses – both current and future costs of all treatments, hospitalizations, surgeries, medications, assistive devices, in-home caregiving and rehabilitation related to accident injuries. This includes compensation for ongoing therapies and care due to permanent disabilities.

Lost income – if injuries prevent you from working for a period, you may claim lost wages. If disabilities inhibit returning to the same career, you can seek compensation for reduced future earning capacity as well.

Pain and suffering – in addition to physical trauma, fall accidents often cause PTSD, anxiety, depression, and lasting loss of enjoyment of life. We secure appropriate compensation for enduring emotional harm.

Property losses – reimbursement for eyeglasses, phones, medical equipment or other personal items damaged or broken in the fall.

Punitive damages – if negligence is particularly egregious, courts may additionally award punitive damages to punish defendants and deter similar conduct harming others.

With experienced legal representation, we maximize recoveries to cover every facet of harm and loss resulting from preventable accidents. Our attorneys leverage decades of litigation experience to build strong cases proving full liability and damages.

Absolutely. Documentation of overall disrepair and lapses in safety protocol make it far easier to prove negligent maintenance directly leading to slip and fall risks. Photograph and fully describe run-down conditions indicating lack of care. Jurors understand such evidence readily. Deferred maintenance is inexcusable when it causes harm.

Inadequate lighting that hides or obscures hazards like uneven steps can help prove property owner negligence. Victims may have difficulty seeing or avoiding dangers in poorly lit public access areas. Lighting maintenance falls under standard safety codes. We obtain expert opinions on minimum illumination standards.

Inclement weather does not absolve owners of responsibility to monitor and remedy slip risks. For example, knowing heavy rain is forecast, a diligent store owner puts down extra floor mats or cautions patrons of slippery conditions. Failing to take such reasonable precautions may strengthen a victim’s premises liability case if they were injured soon after entering.

Possibly. If the dangerous snow and ice accumulation resulted from the property owner’s unreasonable failure to clear walkways promptly despite ample warning of the weather risk, you may have a strong claim. Naturally occurring minor slick spots that are unavoidable with winter precipitation are harder to build liability around.

Yes, lack of witnesses does not automatically doom your case. Security or cell phone footage capturing your fall may exist. Circumstantial evidence may establish the dangerous premises condition. However, proving liability becomes more challenging lacking eyewitnesses. An attorney thoroughly investigates other avenues demonstrating fault.

Yes, if medical evidence shows the initial slip and fall accident directly led to or contributed to the additional injury or health deterioration. For example, if you had a minor knee sprain at the time of the fall and you later required a total knee replacement due to accident-caused arthritis or meniscus damage, you may be able to get compensation for the cost of the knee replacement surgery, as well as any other medical expenses and losses that you incurred.

However, it is important to note that proving causation in these cases can be difficult. This is because it is often difficult to say with certainty whether the slip and fall accident was the sole cause of the additional injury or health deterioration, or whether other factors, such as the natural progression of the existing injury, also played a role.

Not necessarily. Constructive notice legal standards mean a reasonable store owner under the circumstances should have known of and remedied the dangerous condition regardless of actual notice. For instance, failing to promptly clean up a smashed beverage spilled in an aisle. Judges and juries determine if the owner fell short of reasonable care.

A slip and fall accident refers to an incident where a person slips, trips, or loses balance due to unsafe premises conditions and is injured in the resulting fall. For example, slipping on a wet floor or tripping over an uneven sidewalk. The property owner’s negligence in allowing the hazard typically must be proven for injury liability claims.