Slip and Fall Lawsuits

People file slip and fall lawsuits to get compensation for injuries and damages due to an accident in which they fell. Accidental falls can cause various injuries, from minor bruises to severe fractures, head lacerations and concussions, spinal cord damage and even fatalities.

Each year, one in three people aged 65 and older experience a fall, and the incidence of falls increases with each subsequent decade of life. Falls account for more than 3 million hospital emergency room visits annually, according to the Centers for Disease Control and Prevention, and they’re the most common cause of traumatic brain injury.

Besides needing money to cover medical expenses, people may seek compensation for pain and suffering, lost wages, rehabilitation costs and other damages from the accident. People also file slip and fall accident lawsuits to hold liable parties (property owners, occupiers or employees) accountable for negligence, inadequate warnings and premises liability, which requires locales to be safe for visitors.

The circumstances that lead to slips and falls are varied. While some falls are due to personal factors such as health or unsafe footwear, others are because of the environment or lack of workplace safety.

Preventing slips and falls means being proactive. Building owners and managers are responsible for maintaining and repairing walking surfaces, keeping walkways clear, improving lighting, displaying warning signs and encouraging appropriate footwear.

Multiple parties may be liable for a slip and fall accident. These can include property owners or renters, business operators, employers, contractors or maintenance companies and government entities.

Determining liability for a slip and fall accident depends on the circumstances of the fall and the laws in the municipality where the accident occurred. Some states follow contributory negligence principles. If the court finds an injured party partially responsible for their fall, the final ruling may reduce or deny compensation. In other states, comparative negligence rules may apply, where the courts determine compensation based on the degree of fault assigned to each party involved.

Regardless of who may be responsible, the person who fell must prove negligence. Negligence means a party failed to provide an expected level of “duty of care,” which is the obligation to act with the same caution and reasonableness as any prudent person would under similar circumstances. Negligence can stem from taking improper actions or no action at all.

Consult a slip and fall injury lawyer for accurate advice about your legal rights in case of a slip and fall accident, including the time limits for filing a legal claim.

Statutes of limitations vary by state but usually fall within two to four years. The time limit to file a slip and fall lawsuit in Florida is four years, while it’s two or three years in New York. The clock starts ticking on the day of the accident.

If the accident took place on government property, a shorter time limit may apply. Failing to file a suit within the designated timeframe may cause you to lose your legal right to seek compensation.

Slip and fall lawsuit settlement amounts take into account medical bills, loss of income, cost of future medical bills, pain and suffering and even punitive damages.

Medical bills incurred because of a slip and fall accident are a key component in settlement calculations. If the accident creates long-term or permanent disabilities that hinder the person’s ability to earn a living, the settlement amount is usually higher. More severe injuries, such as brain and spinal cord damage and permanent disabilities that affect someone’s quality of life, also see higher settlement amounts.

If a court finds you partially at fault for an accident, comparative negligence laws may reduce compensation based on the degree of fault assigned to each involved party. Legal experts estimate the average slip and fall lawsuit settlement ranges from $10,000 to $50,000. However, no two cases are alike, and settlement amounts vary based on the specific circumstances and jurisdictions.

The person injured in a slip and fall accident must be the one to initiate any personal injury lawsuit, or in the case of death, a family member can file a wrongful death suit. The recommended course of action in either situation is to hire a legal professional.

No two slip and fall cases are the same. Specific requirements and elements of proof depend on the jurisdiction and circumstances of the case. Contact a personal injury attorney experienced in personal injury or wrongful death cases to understand the eligibility requirements and gather evidence to support your claim.