Premise Liability FAQ

The following does not constitute legal advice.

Understanding Slip and Fall Accidents

What constitutes a slip and fall accident?

A slip and fall accident happens when someone slips or trips and gets hurt while on someone else's property.

Example: If someone slips on a wet floor in a grocery store and injures themselves, that would be considered a slip and fall accident.

What are common injuries from slip and fall accidents?

Common injuries from slip and fall accidents include:

• Bruises
• Sprains
• Broken bones

Example: Someone slipping on a wet floor and breaking their arm.

What should I do immediately after a slip and fall accident?

Take these steps right away:

1. Seek medical care – Even if you feel okay, get checked out
2. Document the scene – Take photos of where it happened and what caused the fall
3. Gather witness information – Get names and contact info from anyone who saw it

Liability and Negligence

Who can be held liable for a slip and fall accident?

Property owners or occupiers can be held liable for a slip and fall accident.

Example: If a grocery store fails to clean up a spill promptly and a customer slips and falls as a result, the store may be held responsible.

How can I prove negligence in a slip and fall case?

To prove negligence in a slip and fall case, you need to show that the property owner didn't take reasonable care to prevent the accident.

Example: If a store didn't clean up a spill promptly, causing you to slip and fall, that could be considered negligence.

What role does comparative fault play in a slip and fall claim?

Comparative fault determines how much responsibility the injured person and the property owner share in causing the accident. This can affect the amount of compensation the injured person receives.

Example: If someone slips on a wet floor in a store but was also distracted by their phone and not paying attention, the court might find them 20% at fault, reducing their compensation by that percentage.

What if my slip and fall accident occurred on government property?

If you slip and fall on government property, you may still be able to seek compensation for your injuries.

Example: If you slip on a wet floor at the local library and injure yourself, you can still file a claim for your medical expenses and pain and suffering.

Filing a Claim

How long do I have to file a lawsuit after a slip and fall injury?

You usually have 2 years to file a lawsuit after a slip and fall injury.

Example: If you slip and fall on someone's property, you typically have 2 years to sue for your injuries.

Can I claim a slip and fall at work?

Yes, you can claim a slip and fall at work if it happened due to unsafe conditions.

Example: If you slip on a wet floor that wasn't marked with a warning sign.

What factors affect the success of a slip and fall lawsuit?

The key factors are:

• Proving negligence of the property owner
• Demonstrating direct causation – that the injury was a direct result of the dangerous condition on the property

Example: If someone slips on a wet floor in a grocery store and can show that the store failed to put up warning signs or clean up the spill promptly, they may have a strong case for a successful lawsuit.

Working with Insurance and Lawyers

How do I deal with insurance companies after a slip and fall accident?

• Be honest about what happened
• Provide necessary information
• Consider seeking legal advice if needed

Example: Tell the insurance company exactly how you fell, where it happened, and if you were hurt.

Do I need a lawyer for a slip and fall accident claim?

Yes, it's usually a good idea to have a lawyer to help you get the compensation you deserve.

Example: If you slip and fall in a store and get hurt, a lawyer can help you navigate the legal process and make sure you are treated fairly.

How can a lawyer help me with my slip and fall case?

A lawyer can:

• Help you gather evidence
• Negotiate with insurance companies
• Represent you in court to get compensation for your injuries

Example: If you slipped on a wet floor in a store and got hurt, a lawyer can help you prove that the store was negligent in maintaining a safe environment, and work to get you money for your medical bills and pain and suffering.

Settlement Calculation

How is a settlement calculated in a slip and fall case?

Settlements in slip and fall cases are typically calculated based on:

• Severity of the injury
• Medical expenses
• Lost wages
• Pain and suffering

Example: If someone slips and falls in a grocery store, breaks their arm, incurs $5,000 in medical bills, and misses two weeks of work resulting in $1,000 in lost wages, the settlement amount may be calculated by adding these expenses and compensating for pain and suffering.