Answers To Questions About Slip and Fall Accidents
Next to car accidents, the most common type of injury mishap is a
slip and fall. Many people who are in a slip and fall accident have
questions about when property owners are liable, damages they may
receive and other issues. Here are answers to some often-asked
questions about slip and fall accidents.
Q. I was hurt when I slipped and fell on a wet
floor in a market.
Is the owner of the store liable for my injuries? A. The
answer depends on the specific facts of your case. In
the case of businesses like stores, restaurants, theaters and
malls, to be liable, a property owner must have known (or should
have known) about the dangerous condition and failed to take steps
to prevent injuries. As a result, whether you can recover
damages will likely depend on how long the floor was wet and what employees
knew and did. If the floor was wet for a while and employees knew
or should have known about it but did nothing, you’ll likely recover damages. But if the
floor became wet just before you slipped and employees didn't have a
chance to dry it or post warning signs, recovering damages may be
harder.
Q. If I am hurt in a slip and fall accident at a store or other
business, what steps should I take to protect my right to make a
claim? A. If you get hurt in a slip and fall accident, there are
several things you should do to protect your rights and help make
sure you can recover what you are
entitled to receive under the law. They include: make written notes on the
accident; get names, addresses and phone numbers of all witnesses; and
save any evidence, such as whatever caused the fall.
Report the accident to employees of the business, but don't sign anything or give a statement before talking
to your lawyer. You are not legally obligated to give a statement
to a store employee or anyone connected to the business. What
often happens in slip and fall accidents is that store employees try to get
victims to say something that hurts their case, like admitting they weren't paying attention. It's hard to think clearly after a slip and
fall accident (especially one in which you were badly injured), and anything you say can be used against you later
and hurt your claim. If you sign something, this may result in
you giving up your claim for
little or no money.
Q. I was in a slip and fall accident. How long do I have to
make a claim?
A. The time limits for bringing personal injury claims vary from state to state.
If you intend to make a claim, it's best to get legal help as soon
as possible. In addition to the deadlines for bringing a claim, you will
want to pursue your claim while the facts are fresh in your mind and
the minds of witnesses. The longer you wait after an accident, the
harder it can be to gather evidence and the more likely witnesses
will move or forget details of the accident. In short, any
delay in seeking legal help could hurt your claim.
Q. I was injured when I tripped on a crack in a sidewalk.
Can I make a claim against the city for my injuries?
A. In some areas, laws protect the city or local government from lawsuits.
In other areas, accident victims can make a claim for injuries
sustained on public property, like sidewalks. If the local
government failed to properly maintain the sidewalk, you may have a
valid claim.
Important: There are special rules and procedures for
making a claim against the government. These rules can include
shortened time limits in which to present a claim to the appropriate
government entity. If you are injured on government property,
seek legal help promptly to make sure these special rules and
time limits are followed.
Q. What damages can I recover after a slip and fall accident?
A. People hurt in slip and fall accident can
recover compensation for many things, including their past and future medical bills, past and future
lost earnings, pain and suffering, and disfigurement. If you
suffered property losses (like clothes or jewelry), you can recover
for this too. Also, if the accident caused you to change your
lifestyle, you may be able to be compensated for this too. Many
slip and fall accidents result in long lasting injuries, so it is
important for people hurt in these accidents to get checked
out by a doctor immediately. You should still see a doctor
after a slip and fall accident in which your injuries seem minor, as some serious
injuries take time to develop. There are many cases of slip
and fall victims who right after the accident felt okay, but then
several days or a week or two later realized they suffered serious leg or
other injuries.
Q. What defenses do businesses commonly make in
slip and fall accidents?
A. To deny legal responsibility after a slip
and fall accident, businesses often claim that whatever caused
the accident (like a spill) happened too soon before the accident for them to
do anything. They also often try to shift blame to the
accident victim, saying he or she was careless or not paying
attention.
If you are hurt in a slip and fall accident, don't give up your
claim until a proper investigation is made. The business owner
will likely deny responsibility or try to shift the blame to you, but your lawyer can help
conduct an investigation to find out the true cause of the accident.
Also, even if you are partly responsible for the accident, in most
states you can still recover compensation (your recovery will just
be reduced by the percentage amount of your fault).
Q. Who is liable for a slip and fall accident?
A. It depends on the facts of the case. In a common
situation -- like a person who slips and falls in a store, restaurant or
movie theater -- the owner of the business is potentially liable. If the
business owner is renting the space from a landlord, then
the landlord (or a property management company) is also potentially
liable to pay your damages.
These are some of the common questions people ask about slip and
fall accidents. If you are hurt in a slip and fall accident
and have a question, please call us. We will be happy to help
you.
| 