Slip and Fall Lawyers
Filing a Premises Liability Claim
When you visit someone else’s property, whether it’s a home or a retail store, you expect a reasonable degree of safety. Property owners are required by law to maintain their premises and keep them reasonably free of hazards that could cause foreseeable injury to others. When they fail to do this, or fail to adequately warn visitors of potential hazards, property owners can be held legally responsible for any accidents or injuries resulting from the dangerous condition.
At Fischer Redavid PLLC, we represent clients in all types of premises liability claims, including those involving serious slip, trip, and fall accidents. We understand just how serious these incidents can be, as well as the lasting impact slip and fall injuries can have. Our attorneys are here to fight for you and the fair compensation you are owed. If you were injured as a result of unsafe conditions on someone else’s property, reach out to our slip and fall lawyers today to learn how we can help.
For a free consultation, call (404) 800-6609 or contact us online today.
Proving Liability in a Slip and Fall Case
Although many people attribute slip and fall accidents to clumsiness, the fact is that many of these accidents occur as a result of dangerous conditions or hazards on the premises. In many cases, the injured party could not have reasonably avoided the danger, meaning they are not to blame for the accident. Rather, the property owner or manager could be liable.
To prove liability in your slip and fall claim, you must typically prove each of the following elements:
- You were lawfully on the property when the incident occurred (i.e., not trespassing)
- A dangerous condition existed on the property where the incident occurred
- The property owner knew about or should have known about the dangerous condition
- The property owner failed to take reasonable measures to remove, repair, or warn you about the dangerous condition
- You were injured because of the dangerous condition
- Your injury led to measurable damages for which you can be compensated
- You were not negligent in the situation that led to your injury
Property owners owe varying duties of care to different types of property visitors. For example, a homeowner has a lesser duty of care to invited guests than a retailer has to customers who visit the property to purchase goods or services. A gas station owner has a lesser duty of care to people who lawfully enter the property for their own purposes, such as using the restroom, than someone who lawfully enters the property for the mutual financial benefit of both parties.
That being said, property owners generally have some duty of care to visitors—with the exception of trespassers, or those who enter the property without the consent and/or knowledge of the property owner. If the property owner failed to conduct reasonable property maintenance, remove a hazard that could cause foreseeable injury, or put up signs warning visitors about a potentially dangerous condition, they could be held legally responsible for your damages.
Why Hire a Slip and Fall Attorney?
Slip and fall cases are rarely cut-and-dry. Property owners—and their insurance providers—often dispute liability, arguing that the victim was careless and could have prevented the accident simply by being more careful. Even if the insurance company admits liability, it will likely offer a low settlement in an attempt to get you to resolve the claim quickly, even if the amount offered does not cover the full extent of your past, current, and future damages.
When you work with the slip and fall lawyers at Fischer Redavid PLLC, you get a team of experienced litigators on your side. We know how insurance companies operate, and we know how to aggressively pursue the full, fair recovery you deserve. Our attorneys can handle all communication with the property owner and insurance company, and we are prepared to negotiate tirelessly for a fair settlement on your behalf. If necessary, we are even ready to take your case to trial.
As your legal team, we will handle all the details while you focus on healing. We limit our caseload to better provide our clients with the personalized, one-on-one focus they need. You can rely on our team to guide you through the legal process and advocate for your rights at every turn.
A “dangerous condition” is defined as a hazard, condition, or situation that any reasonable person would know could potentially cause injury.
Some examples of common dangerous conditions that often cause slip and fall accidents include:
- Wet or slippery floors
- Recently mopped or waxed floors
- Uneven ground or flooring
- Accumulated ice or snow
- Unmarked steps
- Dangerous stairs or stairwells
- Missing handrails
- Spilled liquids and other items
- Cluttered walkways or aisles
- Missing signage, including “wet floor” signs
- Insufficient lighting
- Potholes and cracks
- Ground cords, wires, and other tripping hazards
- Loose mats or rugs
- Torn or ripped carpeting
Property owners should adequately address these and other dangerous conditions. When they fail to do so, and someone is hurt in a slip and fall accident, the property owner could be liable for the injured party’s resulting medical bills, lost wages, pain and suffering, and other damages.
Common Slip and Fall Injuries
Although some slip and falls only result in minor injuries, many lead to severe, life-changing consequences. In fact, falls are a leading cause of traumatic brain injury and death in the United States.
Some of the most common injuries resulting from slip, trip, and fall accidents include:
- Cuts, scrapes, and abrasions
- Contusions (bruises)
- Broken bones/fractures
- Head and face injuries
- Concussions and other brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal bleeding
- Shoulder, elbow, and wrist injuries
- Knee and ankle injuries
- Muscle, tendon, and ligament injuries
Depending on the severity of the incident, a slip and fall can lead to catastrophic injuries and, in the worst cases, death. At Fischer Redavid PLLC, we understand just how devastating these accidents can be, and we are committed to fighting for the maximum compensation you deserve. Our goal is to help you get back on your feet so that you can heal and move forward with your life.