If you were injured by hazardous conditions on someone else's property, you may be entitled to compensation. Contact the Kishish Law Group today for a free and confidential case evaluation by calling us toll free at 1 (888) 402-5552 or by completing our contact form.
Slipping and falling is sometimes just an embarrassing situation resulting in minor scrapes and a bruised ego. But in many cases, falling can result in serious injuries. According to the World Health Organization, falls are the second leading cause of accidental death worldwide and are particularly dangerous for older adults.
When you fall because of hazardous conditions unaddressed by a property owner, you can sue them for damages in a "premises liability" case. You can pursue a lawsuit to help pay for medical bills, lost wages, or other suffering associated with your fall. Lawsuits may also encourage property owners to make repairs to their property and prevent future injuries.
What are common hazards that a property owner could be held responsible for?
Property owners have a duty to reasonably maintain property that they own and inform visitors of hazardous conditions on that property. Some conditions that could result in visitors slipping and falling include, but are not limited to:
- Wet, oily, or debris-ridden floors
- Bad lighting
- Uneven pavement or thresholds
- Accumulated snow or ice
- Open excavations
- Unsecured floor mats, rugs, or carpets
- Hidden holes or extension cords
- Unmaintained floorboards, staircases, steps, or sidewalks
What are the most common injuries from falling?
Falls can cause a variety of injuries, including head injuries, cuts and abrasions, soft tissue injuries, and hip fractures. According to the Centers for Disease Control and Prevention (CDC), over 800,000 people are hospitalized each year for fall injuries and the average hospital cost for a fall injury is more than $30,000.
Head injuries from falls can be particularly dangerous. If you fell and hit your head, you should seek medical attention to find out whether you have a traumatic brain injury (TBI). According to the CDC, falls are the leading cause of TBIs in the United States. Even minor head injuries that don't immediately result in pain can become serious. TBIs contribute to over 30% of injury deaths in the United States and non-fatal TBIs can result in life-altering effects, including impaired vision and hearing, memory and thinking problems, and depression.
What are the parts of a slip and fall lawsuit?
Slip and fall cases fall under a category of law called "premises liability," which requires you to prove:
- The defendant owned, leased or occupied the property. The defendant's relationship to the property controls whether they had a duty to maintain the property and whether they can be held responsible for your injuries.
- You were harmed on the property. The extent to which you were injured and how you respond to your injuries will determine the maximum amount of compensation you might be due.
- The defendant's negligent use of the property contributed substantially to your harm. The degree to which the defendant's actions or inactions caused your injury will ultimately decide how much you'll be compensated for your injuries, if you are compensated at all.
Your relationship to the property may also factor into the case. If you are granted permission to use the property by the property owner, like being invited to someone's house as a social guest, you are a licensee of that property. The property owner has a duty to warn licensees of dangers that exist on their property.
If the property is open to the general public, you are likely an invitee to that property. Property owners have broader duties to invitees, having a duty to warn invitees of dangers on the property and a duty to come to the aid of invitees that are injured on the property.
If you lack permission to be on the property, you are a trespasser and the property owner may not have any duty to warn you of dangers on the property. In some jurisdictions, courts extend the duty to warn of dangers on the property to all people present on the property, including trespassers.
Do I have a slip and fall lawsuit?
The experienced personal injury lawyers at the Kishish Law Group can help you decide whether to pursue legal action in your slip and fall case. We offer free and confidential case evaluations to our clients, and we don't get paid until you do. Contact us today by completing our contact form or by calling us toll free at 1 (888) 402-5552.
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