Overview:

Slip and fall accidents are a leading cause of accidental death in the United States. Ordinary settings can often become dangerous places and can cause slip and fall injuries. For instance; in the winter, sidewalks and stairs covered with snow and ice lead to thousands of serious injuries each year; food and foreign substances create dangers in restaurants and supermarkets; badly aligned walkways and sidewalks; step-downs and stairs that are in poor condition, not properly lighted or without handrails lead to broken bones or worse. Slip and fall accident cases usually involve unique conditions and issues of responsibility, that must be proven in order to settle your case. Slip and fall lawsuits can be filed when you sustain an injury of any kind due to slipping or falling in a public or private place. This can be a place of business or a private citizen's home. You will have to prove negligence on the part of the defendant, you are filing against, and have to proof that you lost work compensation, quality of life, and suffered a medical trauma as a result of the slip and fall injury.


Common Causes of Slip and Fall Injuries:


Some major causes that lead towards slip a fall injuries are;

    • Slippery or sticky floors

    • Uneven surfaces

    • Unmarked step-downs

    • Floor or stairway defects


Should You Make a Claim?


You should know your rights in case of sustaining slip and fall injury. Inform the owner of the building or the administrator of the business, in which you were injured, as soon as possible after receiving injury due to fall.
Document your medical visits and take photographs of the injury if possible. Seek medical attention right away to determine whether you have suffered injury. If the owner of premises refused to reimburse or compensate you for your injuries related to slip and fall, contact an experienced Personal Injury Attorney. Your personal injury attorney can help you recover the damages and compensation you deserve after a slip and fall injury. This can include, but is not limited to, attorney's fees, medical bills, lost wages, and other benefits.


PREMISES LIABILITY LAWSUITS:


Property owners whether they are home owners, businessmen or landlords, are responsible for the safety of the people who come to their property. They owe a duty to use reasonable care to see that those portions of the property which the visitor is likely to use are safe.

First of all understanding the concept of premises liability is very important. It is a law that governs slip and fall accidents and determines who is at fault for them. Each state has different Premises Liability Laws. There is no short cut way to determine fault in a slip and fall accident. Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe as well as whether or not you - or the victim - were careless, thereby contributing to the slip and fall accident.

Below, you'll find out more about the general rules surrounding slip and fall personal injury accidents. To win slip and fall cases it is necessary for a victim to prove that the owner of the premises was aware of dangerous prospects of walking surface but did nothing to remove the risk. As deciding one's reasonability for slip and fall accident, is a subjective task, slip and fall lawsuits are tricky to handle and decided by common sense.

Additionally, because there are frequently several people involved in representing a property - such as the property owner, tenant or business, landlord or manager - the responsible party is not always obvious. An attorney familiar with slip and fall cases, also known under the general umbrella of premises liability law, will help you determine who is at fault for your incident.

Examples of some defects which may exist and result in a personal injury claims for premises liability include:

• Snow or ice which is not properly removed or treated

• Liquid from a leak or spill

• A rug, cord or other object which creates a hazard in a walkway or path

• Water from cleaning the floors for which there are inadequate warnings

• Defective pavement or steps which cause a fall

Some Exception to Slip and Fall Premises Liability:

There are some exceptions to general slip and fall and premises liability cases. They include:

i. Trespassers

Premises Liability laws do not apply to the property owners if the injuries incurred to trespassers on their property. This is also true of burglars and other uninvited guests.

ii. Children

Trespassing rules do not apply to the children because they can not perceive the danger as adults. So, a property owner must take steps to guarantee the safety of children who play in the area, even if they are not supposed to be there.


Some Special Cases:


Workplace accidents
There are workers' compensation laws that hold employers strictly liable for any injury that occur at work place including slip and fall accidents. However, the amount of damages that the injured can collect is limited.

Government property: Federal or state government is held responsible for any slip and fall injury incurred at public places like public parks or government property. Slip and fall premises liability cases against the government are covered by Federal or State Tort Claims Acts.

Filing Slip and Fall Lawsuits
It is better to file a Slip and Fall Lawsuit as soon as possible. Most slip and fall injury claims are filed within 30 days of the injury. The reason behind filing the lawsuit so early is to void the impression of frivolous lawsuit which can rise if we file the lawsuit too late. If your case has even a hint of frivolity to it, you are more likely to get it dismissed.


Steps to take If You Are Injured in a Slip & Fall Incident :

• Preserve Evidence
   
• Record Statements of Witnesses   
  
• Save any Physical Evidence

Expected Settlements in a Slip and Fall Injury Case:


The amount that is received from Slip and Fall Lawsuits may vary. It can not be measured exactly as it depends on how severely you are injured. Sometime the slip and fall lawsuits are settle out of court. The compensation received may be lower than that you can potentially get from a law suit. But out of court settlement is often preferable because there is no guarantee that jury will award you more.

If you present your case before a jury and win it, they can award you not only medical costs and lost work wages, but also pain and suffering damages. This can range from several hundred dollars to several million dollars. Amount mostly depends upon the severity of your injury.

If you do settle out of court, the person you filed against will often have you sign a waiver saying that taking the settlement does not mean an admission of guilt on their part, and that you will not sue them over this incident again. Whether you choose to sign this and take the settlement is a big issue that you must weigh the pros and cons of with your slip and fall attorney.