Slip and Fall Lawsuit: A Comprehensive Guide to Maximize Victims’ Compensation

If you have been injured due to a fall accident that was not your fault, you may be able to recover compensation by filing a slip and fall lawsuit against the property owner or manager. 

Property owners hold the public a duty of care and hence responsible for injuries sustained by people on their premises due to hazardous conditions.

However, you need to hire a competent and reputable slip and fall lawyer to get the maximum compensation for your injury.

What is a slip-and-fall lawsuit?

It is a legal action taken against a property owner or manager when someone suffers an injury due to a dangerous condition on their property. 

Meanwhile, not all tumble are eligible for compensation. Before filing a lawsuit, be ready to demonstrate why the property owner or occupier failed to fulfill their duty of care and, therefore, should be held responsible for your injury. 

This simply means proving negligence.

Components of negligence

You must prove negligence to get compensation for a slip and fall injury. Some components you will need to demonstrate to affirm the property owner’s negligence include:

• Their failure to exercise a certain level of care despite being aware of the hazardous conditions it caused.
• Their failure to correct the condition within a reasonable timeframe and not warn visitors about it
• The injury caused harm
• The property owner’s actions were the direct cause of the injury

Common causes of slip and fall accidents

• Wet floors
• Uneven surfaces
• Ice and snow
• Poor lighting
• Clutter and obstacles
• Footwear such as high heels for women

Example of negligence

Businesses and other property owners have a public liability. This refers to the duty of care owed to everyone who uses their property. 

Slips and falls occur in almost all industrial sectors. Some of the negligence your lawyer may use against the property owner or occupier in a slip-and-fall lawsuit include:

• Failure to place warning signs of slippery surfaces in areas that can be easily seen
• Failure to repair leaky appliances like refrigerators and freezers leading to wet floor
• Failure to install appropriate floor cover during rain or snow
• Poor choice of flooring materials
• Use of poor floor cleaning solutions by employees
• Failure to install handrails in proper places

Factors that determine slip and fall settlement

The following three factors influence the maximum compensation slip and fall victims can get;

Negligence

The extent of the negligence of the property owners will determine how much settlement you can demand.

You must demonstrate there is no way a reasonable person will be able to identify the danger beforehand since the property owner should have alerted you about it.

Liability

A slip-and-fall lawsuit is filed against the business or organization in charge of the property. 

They will only be liable if they are in charge of the said property. Sometimes, the person who occupies a property is not the direct owner. This means the property occupier will be liable for a slip and fall instead of the owner. 

On the other hand, if the property owner intentionally rented the property with hazards they failed to disclose to the occupier, you may be able to sue both the occupier and the owner.

However, in some instances, when they have insurance, their insurance policy relieves them of that liability. Therefore, the suit must be filed against the insurer instead. 

Freedom from fault or contribution

Slip and fall victims must be free from guilt to place all liability on the property owner or occupier.

For instance, your lawyer may find it difficult to negotiate higher compensation for your injury if it was discovered you were pressing your phone, which got you distracted and unable to notice the danger sign on time, hence the slip and fall that resulted in your injury.

Generally, every landlord and business owner will claim their property is safe. The court will use reasonable person standards to assess the claimed safety in such an event.

The property will be deemed unsafe under the law if a reasonable person believes it is dangerous.

How much compensation can I expect for a slip and fall?

Anyone, including customers, tenants, and employees, can be a victim of slip and fall. 

About $70 billion is spent on yearly compensation and medical costs associated with employee slip/fall accidents.

Estimating the possible compensation for a slip and fall claim is usually complicated, as each case has unique circumstances. 

Generally, most cases settle for between $10,000 and $50,000. These are just basic, as there are instances where the victims get hundreds or even millions of dollars in compensation. It is usually dependent on the severity of the injury. 

Your slip and fall lawyer will assess the injury and its impact on your financial, physical, and mental health to determine a reasonable maximum compensation figure. 

These can include medical expenses, lost wages, pain, and other negative impact of the injury on your overall well-being.