Claiming Damages for Slip and Fall Cases

Author: Nicki Malekadeli
Posted on: April 17, 2019

Slip and fall cases can happen to everyone at some point in their lives. These types of accidents can happen anywhere and are often caused by negligent property owners who could have prevented the accident from happening in the first place. A simple accident, for example, such as walking down a sidewalk and stepping on a bolt sticking out of the pavement, can cause a fall. The injuries that can be sustained from such a simple accident can range from minor bruises and scratches to a fractured knee cap and wrist. These types of scenarios make it essential for individuals to become familiar with their rights and the appropriate steps to take to handle such incidents.

Slip and Fall: What It Is and What To Do After

A “slip and fall” or “trip and fall” accident is the legal term used to refer to a personal injury case in which a person slips or trips on someone else’s property and is injured because of it. Slip and fall cases can result in minor injuries such as gashed knees and other small scratches or in worst cases, fractures, paralysis or even wrongful death.

You must seek immediate medical treatment after a slip and fall accident to prevent your injury from worsening. After seeking medical assistance, you then would have to report the accident and document everything that led up to the accident. Take as many photographs of the scene as you can. At this point, it is crucial that you limit what you say to the property owner or manager, neither should you post anything about the accident on social media or reach for a settlement on your own. Finally, you would have to call an attorney to strengthen your chances of getting compensated because most slip and fall cases are challenging to prove. Hiring a proper lawyer will also help you arrange the correct paperwork and meet deadlines accordingly to move your case forward.

Proving Negligence in Slip and Fall Cases

Liability is the focal point of slip and fall cases. You must prove the negligence of the party at fault and how it directly resulted in your injury. There are three possibilities to consider to determine that the property owner is liable for the accident:

  • If the property owner should have known about the danger.
  • If the property owner knew about the danger but did not make any repairs.
  • If the property owner directly caused the dangerous condition.

If the accident happened in a commercial property, you have to determine if the owner should have known about the danger or knew about it but didn’t do anything to prevent it. Landlords may also be at fault in slip and fall cases if they fail to maintain and keep their property safe.

The argument of slip and fall liability, much like other kinds of liability, will be determined by the owner fulfilling his or her responsibility of adequately maintaining his property and how soon repairs and precautions were made since the incident.

Determining Comparative Fault

Slip and fall accidents can also go the other way around. If a reasonable person could have avoided the accident, then the property owner won’t be held responsible. If the victim got into the accident because he was on his phone or had loud music playing in his earphones, for example, then his chances of winning the lawsuit are slim. This concept is called ‘Comparative Fault.’

In some states, the plaintiff will not be able to get proper compensation if they are found to have any degree of responsibility for the accident. One must look at the level of awareness that the person has at the time of the accident and whether it could have been avoided given proper awareness such as noticing and reading warning signs or spotting immediate danger.

Seek Experienced Slip and Fall Lawyers

Slip and fall cases are difficult to handle and can be complex due to its nature. It is also ill-advised to face the party at fault and reach for a settlement on your own. Handling your claim alone can make you unintentionally waive your claims and get no compensation whatsoever due to technicalities and your lack of knowledge of proper legal proceedings. Hire a seasoned slip and fall lawyer from Mesriani Law Group to ensure that you get properly compensated for damages and move your case at a reasonable pace.

Getting proper legal assistance also prevents you from facing experienced defense lawyers and insurance adjusters that would be hired by the party at fault to protect themselves from liabilities. We at Mesriani Law make sure you get the just amount of compensation from these types of accidents. We also offer a No Win, No Fee policy to our clients. We don’t charge our clients until after we win the trial at hand. Consult with us today and make sure you get the proper compensation and justice you deserve.