Sean | October 2, 2024
Can You Sue for Slip and Fall? A Complete Guide
Most people who ask the question: “Can you sue for a slip and fall?” —don’t fully understand the process of securing financial compensation after an accident. That’s where an experienced lawyer can help and add value to your case. They will walk you through the legal process of obtaining compensation step-by-step.
The basic gist is that you don’t typically start by filing lawsuits for a Slip and fall accident. You begin by filing a claim with the at-fault party’s insurance company. However, your attorney will file a lawsuit and litigate your claim in court if a settlement cannot be met.
Determining if you can sue for slip and fall accidents involves understanding premises liability laws and meeting the grounds for suing a negligent property owner. An attorney will explore this during your free initial consultation.
If you or a loved one suffered an injury from a slip and fall that wasn’t your fault, speak with one of our attorneys today. We will provide a comprehensive case evaluation and answer any questions you and your family may have about the legal process.
Table of Contents
- Understanding Premises Liability in a Slip and Fall
- Grounds for Suing in a Slip and Fall Accident
- Reasons You Can Not Sue for a Slip and Fall Accident
- What Constitutes Negligence in a Slip and Fall Accident Case?
- Property Owners Who May Be Liable for a Slip and Fall
- How to Document Your Slip and Fall Accident
- How a Slip and Fall Attorney Can Help
- Call An Experienced Personal Injury Attorney for Your Slip and Fall
Understanding Premises Liability in a Slip and Fall
Premises liability is the legal duty imposed on a property owner for injuries sustained in accidents caused by unsafe conditions on their property. However, not all accidents warrant legal action.
You or an experienced Slip and fall attorney must prove negligence to establish a property owner’s liability for damages incurred from the Slip and fall.
Grounds for Suing in a Slip and Fall Accident
A premises liability claim is valid if unsafe or dangerous conditions on the property result in your slip and fall. These three grounds for suing in a slip and fall accident will help prove negligence for your case.
There Are Unsafe Conditions on the Premise
Laws require that a property owner keep the premises reasonably safe for guests, visitors, customers, workers, and volunteers. Failure to do so is grounds for a slip and fall claim.
Unsafe Premise Conditions You Can Sue for in Slip and Fall Accidents
Common examples of unsafe premise conditions that result in slip and fall insurance claims and lawsuits involve:
- Defective floorboards
- Loose rugs or carpeting
- Cluttered floors and walkways
- Cluttered aisleways
- Unmanaged cords and cables
- Uneven or broken stairs
- Uneven floors
- Inadequate lighting
- Defective sidewalks
- No handrails or broken ones
- Snow and ice
- Wet floors or pavement
- Unmaintained structures
- Loose debris or overgrown roots on public sidewalks or walkways
While this is not an exhaustive list, they are common grounds. Slip and fall accident victims who fell because of an unleased dog may also be eligible to sue the dog owner for medical bills and other losses.
The Property Owner Knew About the Unsafe Conditions
It’s only negligent if the owner knew about or should have reasonably known about the hazardous conditions on the property. You can’t sue someone who was reasonably unaware of a danger.
Proving a property owner was aware or should have been aware of the unsafe conditions can be challenging. Having an experienced lawyer presents you with better odds than attempting this critical step alone.
The Property Owner Failed to Warn of Hazardous Conditions
Property owners are responsible for making a reasonable effort to warn visitors or customers of unsafe conditions on the premises. A typical warning example is seeing the bright yellow “Wet Floor” signs after the custodial crew has mopped floors in public areas.
A fall on a wet floor in a restaurant or shopping mall without a sign indicating the danger is a viable reason for a Slip and fall lawsuit. Even when signs are present, they don’t necessarily absolve property owners of liability.
A court may consider sign placement and visibility, inadequate lighting, and alternative visitor mobility routes. An attorney will help clarify these circumstances in your case.
Reasons You Can Not Sue for a Slip and Fall Accident
You may be unable to sue for a slip and fall if certain conditions existed or didn’t exist when the accident occurred. For example:
- If you did not sustain injuries resulting in actual losses
- If the area you entered was cordoned off
- If you ignored posted warning signs indicating the danger
- If you ignored a verbal warning or repeated demands not to enter the premises
- If you ignored posted signs warning not to trespass on the premises
Many states have comparative or contributory negligence rules that may prohibit your ability to sue for a slip and fall. Comparative negligence rules dictate a percentage of compensation is viable for partial liability payouts.
However, contributory negligence prevents accident victims from seeking compensation if they are partially at fault for the slip and fall.
What Constitutes Negligence in a Slip and Fall Accident Case?
A slip and fall case involves proving that the property owner was negligent and that their negligence caused your injuries and damages. This may be difficult without solid evidence or witnesses. Your attorney will thoroughly investigate your claim, including consulting expert witnesses to establish negligence in your slip and fall.
Proving Negligence in a Slip and Fall
To prove negligence in a slip and fall, you or your lawyer are responsible for demonstrating the four elements of negligence: duty, breach, causation, and damages:
- Duty of Care — The property owner owed a duty to keep the premises safe.
- Breach of Duty — The property owner failed to maintain safe conditions or warn of dangerous conditions.
- Causation — The property owner’s failure or breach of duty directly caused the accident.
- Damages Suffered — You suffered physical injuries, financial losses, and other damages such as emotional distress, pain, and suffering due to the property owner’s negligence.
Your attorney will prove the four elements by gathering, analyzing, and presenting the evidence in your case. Evidence may include medical records, witness statements, and incident or police reports.
Property Owners Who May Be Liable for a Slip and Fall
Any residential or commercial property owner may be liable for medical bills and other damages resulting from a slip and fall if their negligence caused the accident. Premises liability cases involve suing property owners, including homeowners, landlords, property managers, business owners, and government entities.
Homeowners
If you slip and fall at someone else’s house due to a negligent hazardous condition, the homeowner may be liable for your injuries and damages. Their insurance company is typically responsible for paying all your medical costs and other losses incurred by the accident, such as pain and suffering.
Landlords and Rental Property Managers
Landlords and property managers of rental complexes are typically responsible for keeping the grounds safe for their tenants. Services, including snow and ice removal, are expected unless otherwise stated in your lease.
Business Owners
If a customer slips and falls on a business owner’s property, the owner can be held liable if their negligence caused the accident. Business owners are responsible for ensuring the safety of their customers, including root, snow, and ice removal on sidewalks, walkways, and parking lots. Additionally, they must provide adequate lighting and level walking surfaces.
Government Entities
If your slip and fall accident resulted from poor environmental or road conditions on municipal public property, a government entity may be liable for your injuries and damage. Examples may include cracks in the concrete, large potholes, and failure to remove snow and ice within a reasonable time.
How to Document Your Slip and Fall Accident
Documenting your slip and fall accidents helps record the details while they are fresh. Accident details quickly fade, and you want an accurate account of how it occurred. You must also document injuries and damages sustained from the slip and fall before you can sue.
Take Photos of the Accident Scene
Slip and fall accident victims should take pictures of the injury site. However, if you failed to take photographs or any video footage of the accident scene or hazardous conditions causing the slip and fall, don’t fret.
It’s common for adrenaline and shock to cause people to think of these things after the fact. You can’t go backward; we will help you move forward. If you took photos or video, provide the evidence to your attorney. These can be useful in pinpointing negligence and liability.
Take Photographs of Your Injuries
Take pictures of your injuries immediately following the slip and fall from as many angles as necessary to document the severity. These photos can be used to establish the severity and the duration of your recovery and how the injuries have impacted your life.
Get a Medical Evaluation and Follow the Treatment Plan
After a slip and fall, you must seek prompt medical attention for your injuries. A doctor will give you a comprehensive medical evaluation, including ordering necessary labs, diagnostics, and imaging.
Follow their discharge aftercare plan for your recovery. The worst thing you can do is ignore follow-up care or referrals to rehabilitation services necessary for recovery.
Keep a Post-Accident Injury Journal
One of the most critical ways of documenting your slip and fall is in a post-accident injury journal. Your injury journal should include a medical description and explanation of all your injuries. You should also include:
- Physical and chronic pain, detail levels
- Sleep disturbances, like tossing and turning due to pain and nightmares
- Daily limitations your injuries impose
- Your emotional state due to the pain and limitations of injuries
- Doctor visits and travel time
- Mental health service costs
- Lost income
- Out-of-pocket expenses incurred from the slip and fall
Ensure you keep detailed and dated entries. A little organization goes a long way in establishing intangible losses, such as pain and suffering.
How a Slip and Fall Attorney Can Help
An experienced Slip and fall lawyer will locate and analyze evidence, value damages in your claim, negotiate with insurers, and handle litigation.
Locate and Analyze Evidence
Evidence needed to prove negligence will be collected and analyzed by your attorney and their team of expert witnesses. Examples of valid evidence in a slip and fall:
- Police or accident report
- Eyewitness statements
- Photos of your injuries immediately following the slip and fall
- Pictures and video security footage of the Slip and fall accident scene
- Hospital and medical center records
- Rehabilitation records
Your lawyer will also closely examine your post-accident injury journal. Documenting dates and details is important to help them recover compensation for financial losses and other damages.
Valuing Damages in Your Slip and Fall Claim
A comprehensive claim evaluation involves calculating all out-of-pocket costs and non-economic losses imposed from the slip and fall. Standard damages include:
- Medical and rehabilitation costs
- Disability damages
- Lost income and benefits
- Property damages (cell phone, clothing, glasses)
- Psychological trauma (PTSD, depression)
- Household services (housecleaning, daycare)
- Pain and suffering
- Decreased quality of life
- Development of substance use disorder from prescribed pain management
- Loss of consortium (companionship, affection, spousal relations)
- Loss of activities
- Wrongful death
When valuing your claim, an attorney will determine the amount of compensation you may recover based on aspects such as your age, severity of injuries, intensity, length of recovery, nature of the accident, and if it mandated missing work.
Negotiating With Insurance Claim Adjusters
Your attorney will come well-prepared with supporting evidence to substantiate your insurance claim. They will know your bottom line and represent your best interest in negotiations. Insurers will almost always issue a low first offer. However, your attorney will advise you on what is acceptable and demand fair settlements.
Litigation
While most Slip and fall cases are settled without needing a trial, your lawyer will represent you if your case is the exception. Litigation involves:
- Filing a lawsuit
- Entering discovery (both parties exchange info and evidence, including documents, written questions, and depositions)
- Pre-trial motions (motions to dismiss, requests for summary judgment, or exclusion of specific evidence)
- Trial proceedings
- Verdict and judgment
If the judge and jury find nothing in your favor, your Slip and fall attorney will collect nothing for their services. They are only paid if they win because they operate within contingency fee arrangements.
Offering Contingency Fee Arrangements
Most Slip and fall accident attorneys work for contingency, meaning there are no upfront or out-of-pocket expenses. Instead, lawyers take a percentage of the final compensation before issuing a check. Ask potential lawyers about their contingency fees.
Call An Experienced Personal Injury Attorney for Your Slip and Fall
Schedule a free consultation with a reputable attorney from our firm to find out if you can sue for a slip and fall.
