A slip-and-fall case occurs when someone is injured while on someone else’s property. According to the law, this is a type of premises liability. The defendant landowner is thus liable for damages to the plaintiff if the landowner has breached a duty owed to the plaintiff.
Premises liability occurs when someone is injured on another person’s property, and that person is owed a duty to keep their premises reasonably safe so that those who are legally on the property are not injured.
According to the National Floor Safety Institute, slip and fall accidents account for over a million emergency room visits in the United States each year. If you’re considering filing an injury claim following a slip and fall, here’s what you should know:
What is a slip and fall accident?
When a person loses their footing or trips and falls to the ground, this is called a slip-and-fall accident. When defining a slip and fall accident, keep in mind that it usually involves an object or circumstance that caused the fall, such as a slippery floor or a poorly lit stairwell.
When a property owner’s negligence causes a fall and injuries, the injured person has the right to seek compensation for medical bills and other losses. Unfortunately, the property owner and its insurance company may dispute your claim or try to pay you less than you are owed.
Injuries can occur in both public and private areas, such as driveways and sidewalks, parks, schools, places of business, offices, construction sites, nursing homes, and other public and private spaces.
Steps to take after a slip and fall accident
Before you file a slip-and-fall claim, consider whether it is worth the time and effort. Making a claim with the property owner’s insurance company can be difficult, particularly if key issues are disputed or difficult to establish.
Here’s what you need to do if you were in a slip-and-fall accident:
- Seek medical attention. A doctor’s examination will document the fact that you were injured in the slip-and-fall accident, which will be primary evidence if you file a claim.
- Report the accident: Notify management of your accident and injury. Obtain a copy of the accident report. Document the slip and fall, including the date and location of the incident.
- Photograph the location: Take photos of the exact location of your accident and the cause, such as a wet floor, broken or icy pavement, torn carpet, or product spill.
- Contact an attorney: After an accident, a lawyer in Mesa, Arizona who has handled slip-and-fall cases can be of great assistance. They can assist you in avoiding mistakes that could prevent you from receiving the compensation you deserve.
How does a slip-and-fall lawsuit work?
Remember that business owners and corporations hate having to compensate slip-and-fall victims. They are frequently the victims of fraudulent claims and will fight to refute your claims or link your slip and fall injury to a previous accident or health condition.
That’s where an experienced slip-and-fall accident lawyer can help. If the insurance company offers fair compensation, some slip-and-fall lawsuits can be settled out of court.
The following are the typical steps in a slip-and-fall lawsuit:
- Filing the lawsuit: The lawsuit would be filed in the appropriate court and served on the property owner.
- Defendant’s answer: If you file a lawsuit, the property owner will have the opportunity to respond to your allegations and present its own version of how the accident and your injuries occurred.
- Discovery: Prior to going to trial, both parties would have the opportunity to engage in a formal information-gathering process known as “discovery.”
- Trial: If no settlement is reached, the case will go to trial. You would have to prove the property owner’s negligence by a “preponderance of the evidence” as the plaintiff in the lawsuit. A jury would reach a decision after hearing all of the evidence. Typically, the jury would be required to respond to two questions:
- Was the property owner at fault?
- If so, how much compensation should you receive?
Schenk Podolsky Personal Injury Lawyers, Mesa Arizona
If you were injured in a slip-and-fall accident, you may be able to seek legal recourse through an insurance claim or a personal injury lawsuit. Schenk Podolsky slip and fall lawyers can handle your case and, if necessary, represent you in court. If you live in Mesa, Arizona, give us a call for a free consultation to discuss your legal options following a slip-and-fall accident.