Slip And Fall Attorney

Consult a Slip and Fall Lawyer who will aggressively pursue maximum compensation for your suffering

At some point, we have all slipped and tumbled to the ground. In many cases, we blame ourselves for slips and falls. However, in a number of instances, there is someone else who might be responsible – the property owner. Particularly, when a property owner fails to maintain their property in a safe manner, and you suffer an injury by slipping and falling on their unsafe property, then you could have a basis to sue the property owner in a personal injury lawsuit.

Contact an Experienced Slip & Fall Lawyer Today

When you hire a skilled injury attorney from My Rights Law, you could get up to ten times more then the original insurance offer. The premises liability lawyers at My Rights Law are dedicated to helping people injured by slip and fall accidents receive the maximum compensation possible. If you believe you have a slip and fall claim, give us a call now for a free case evaluation with our slip and fall lawyer. Most cases are on a contingency fee basis, which means we don’t charge attorney’s fees unless we obtain monetary compensation for you and your family. Call us today at (888) 702-8882 or leave a message on our secure form.

What Is A Slip And Fall Lawsuit?

You can file a lawsuit if you have been injured as a result of slipping and falling on another’s property, if there was a safety hazard on the property, and at the time of the incident, you were entitled to be on that property. Slip and fall cases are common. Most reasons that they occur are due to wet floors, uneven surfaces, spills, ice, poor lighting, and the failure of certain safety devices such as handrails. Many property owners carry insurance policies that require insurance companies to compensate victims when the property owners fail to safely maintain their properties or otherwise fail to warn victims against hazardous conditions.

The Property Owner Owes You A Duty Of Care

A business that is open to the public naturally invites guests onto the property – that’s how they make money. What you may not know is that even if you are not explicitly invited onto someone else’s property, then you might still be permitted to be there through implied consent.

Basically, implied consent means that the property owner creates conditions that a reasonable person would interpret as allowing for others to be on the property. As an example, a painter is asked by a property owner to give an estimate on repainting the owner’s house. It is implied that the painter is legally able to step foot onto the owner’s property to provide this estimate. Also, the previous relationship that you have with a property owner may be taken into account to determine if it was reasonable for you to assume that you had consent to enter the property at the time of your injury.

Trespassers are a different story. Some property owners specifically forbid people from unlawfully entering – or trespassing – onto their property. If you enter someone’s property despite them having a “No Trespassing” sign, then you may have a difficult time receiving compensation for your injuries that occurred on that property. Still, in some states, the law may allow you – the trespasser who is injured on someone’s property – to obtain some form of compensation because trespassers are owed a duty of care. For example, if you trespassed by mistake (e.g., there was no visible “No Trespassing” sign), then you might be able to obtain compensation for your injury to the extent that there was a hazard on the property that the property owner did not clearly mark.

Alternatively, if the owner created a condition on the property known as an attractive nuisance, then they could be liable for a trespasser’s injuries. As an example, an attractive nuisance may be a pool that is easily accessible by hoping over a small fence surrounding it. Critically, the attractive nuisance doctrine is applicable only to children entering a property, not adults. This is because kids often don’t appreciate or understand the risks of trespassing.

What To Do If You Have Slipped And Fallen On Someone Else’s Property

Suffering injuries due to a slip and fall on someone else’s property can certainly be a traumatic experience. During the time immediately following your accident, you may be experiencing extreme pain and suffering. Pursue immediate treatment for your injuries. Any delay in getting medical attention may have a negative impact on your potential lawsuit. Also, follow the recommendations of the medical professionals that treat you because if you don’t, then this may cast doubt on the seriousness of your injuries.

As soon as you can, document the conditions of the property at the time of your fall. For example, while the ambulance is on its way, if you are able, get your phone out and take pictures and videos of everything. This is crucial because if you sue or file an insurance claim, then you will need to prove that the dangerous condition that caused your fall actually existed. Without this evidence, your case may boil down to your word against the word of the property owner. Don’t let that happen.

Determining Who Is At Fault

If you are legally allowed to be on someone’s property, and a dangerous condition exists on that property causing your injuries, then you could sue the property owner to receive compensation for your injuries. However, you have to first prove that the property owner caused your slip and fall.

In cases where you are legally on the property of a business, typically, the business is responsible for making sure that the property is safe and free from dangerous conditions. So, if your fall is caused by a wet floor with no “Wet Floor” sign, then this is generally the fault of the business since it is their responsibility to maintain their property. Similarly, if you are walking on an icy sidewalk in front of a residential property, then the property owner may be responsible for your injuries if you slip and fall on the sidewalk.

The dangerous condition that caused your fall need not be caused by the property owner for you to be able to sue. For example, with a wet floor slip and fall, the business may still be responsible for your injuries even if the wet floor was caused by another guest’s spill. It is generally the responsibility of the business to clean up hazardous conditions regardless of who caused them.

However, it is important to understand that if you are responsible for creating the dangerous condition that causes your slip and fall, then this will likely preclude you from obtaining compensation.

Filing A Claim, Lawsuit If Injured

Many property owners carry insurance that protects them from paying out-of-pocket for the injuries that guests suffer while on their property. Slip and falls are a common basis for an insurance claim, and these claims are often resolved without the need for a full-blown lawsuit. Still, it may be necessary for you to file a lawsuit in order to force the property owner or their insurance company to fully compensate you for your injuries. Insurance companies don’t typically shell out large amounts of money unless the evidence against the property owner is overwhelming.

Keep in mind that many property owners rely on property management companies to maintain the conditions of their properties. In these cases, it may be necessary for you to sue not only the property owner but also the property management company, as they might be to blame for what has happened to you. Moreover, if your slip and fall occurs on property that is rented by someone, you might have to sue both the tenant and their landlord to obtain compensation. Suing the wrong person or entity may result in your case being dismissed. An experienced personal injury attorney will be able to effectively determine who to sue in order to help ensure that you get the compensation that you are entitled to.

Damages In A Slip And Fall Lawsuit

• Medical Bills – The money that you shell out for medical treatment and services resulting from your injuries may be recoverable through your slip and fall lawsuit. This includes emergency room treatment, ambulance bills, physical therapy, surgery, and rehabilitation.
• Pain And Suffering – The law allows you to receive compensation for the pain and suffering that you endure as a result of your injuries. The more severe and excruciating your injuries, the higher the compensation that you stand to receive.
• Lost Wages – Injuries that stop you from working will cause you to lose out on much-need income. Permanent injuries that prevent you from performing some or all work could derail your career – especially if the tasks that you cannot perform are necessary for your profession. Any time that you sustain work-related losses because of your injury, you could receive lost wages.
• Loss of Consortium – Your injury might cause you to be unwilling or unable to get physically intimate or affectionate with your spouse or domestic partner, or it might cause them to be unwilling to get physically intimate or affectionate with you. This is known as a loss of consortium – and you and your significant other could be compensated for this.
• Wrongful Death – Most states’ laws allow your spouse, domestic partner, or certain other loved ones to receive compensation if you die because of someone’s failure to safely maintain their property. The law limits who can receive compensation under a wrongful death claim, so it is important that you consult with a personal injury attorney to see if you are eligible.

Statute Of Limitations – How Long Do I Have To Sue?

In most instances, you have a short period from the date of your injury to file a lawsuit. There is an exception to this rule for injuries that you are unable to immediately discover through no fault of your own. What this means is that if your injuries are not obvious or have been misdiagnosed, then you will have one year from the date of discovering those injuries to bring a slip and fall case.

It is important to understand that any delay in either seeking medical treatment or consulting with an attorney may cause your lawsuit to be devalued or dismissed, preventing you from receiving the compensation that you deserve.

Slip And Fall Accident Attorneys

If you are injured in a slip and fall accident, then you should consult with a knowledgeable personal injury attorney who is well versed in premises liability cases. At My Rights Law, our attorneys know how to hold wrongdoers accountable for causing your injuries and how to make them pay you what you deserve. We will carefully evaluate your case, present you with your legal options, and aggressively pursue all remedies against those who are responsible for your unfortunate situation. If you are injured in a slip and fall accident, call (888) 702-8882 or contact us by filling out our secure web form for a free consultation with one of our knowledgeable personal injury attorneys.