Slip and Fall Liability: Why Call a Slip and Fall Attorney?

slip and fall attorney

Have you ever come across a wet floor in a supermarket?

In theory, this situation shouldn’t be a problem. You would only need to avoid stepping on the pool of water and keep on walking. But imagine what might happen if an elderly or a child accidentally stepped on it. It would be a completely different case. This scenario will most likely lead to a slip and fall accident.

These types of accidents are more common than you think. They can occur on a walking path, shops, shopping malls, amusement parks, parking lots, or even in a friend’s house. According to the National Insurance Crime Bureau (NICB), the medical expenses associated with a slip and fall injury can be up to $40,000.

According to the Centers for Disease Control and Prevention (CDC), slip and fall accidents account for nearly half of all traumatic brain injury hospitalizations in America. Slips and falls are the leading cause of head injury in the elderly. In 2019, slip and fall accidents caused 34,000 fatalities among adults aged 65 and older.

Nonetheless, a lot of people have taken advantage of such accidents to scam insurance companies by fabricating a trip and fall situation. This abuse has made things complicated for real victims to obtain the benefits they are entitled to in their claim for compensation.

The Federal Bureau of Investigations (FBI) reported that scamming insurance companies caused losses up to $40 billion annually, with at least $2 billion from slip and fall accidents.

If you legitimately experienced a slip and fall accident, an experienced slip and fall attorney will protect your rights and prevent misunderstandings of scams.

Steps to Follow After a Slip and Fall Accident

To ensure a successful personal injury claim, you must do the following after the accident:

  1.  Report the accident to the manager or supervisor. It doesn’t matter if you think your accident injuries are not severe.
  2.  Do not exaggerate. Be true to the facts.
  3.  Seek medical care. Remember that your injuries could be more severe than they look. Besides, you will need your medical records as evidence to support your claim.
  4.  Do not pretend that your injuries are more severe than they are just to collect a higher sum from your insurance company. If it is discovered that you are faking the severity of your injuries, you could lose full compensation.
  5.  Go back to the scene and take as many photos as possible. Put special attention to any crack, broken flooring, uneven surfaces, or slippery material on the floor.
  6.  Ask the establishment if they have surveillance cameras. If they do, ask the manager to keep the footage of that day.
  7.  Never give a statement to an insurance company, not even your own. Remember that insurance adjusters want to reduce liability, so the less you talk, the better. 
  8.  Contact a personal injury lawyer. At Farahi Law Firm, our personal injury attorneys strive to protect our client’s rights, so you can be sure that we will make sure to recover the compensation you are entitled to.

How to Demonstrate Liability in a Slip and Fall Accident

To demonstrate that your accident was not an act and that you are genuinely injured, it is important to ask yourself two basic questions:

  • Who is liable for the accident?
  • Were these people negligent? Could they have prevented the accident?

And as the injured party, it will be necessary that you prove one of the following:

  • The owner of the place where the accident happened, the supervisor, and/or an employee recognized that there were hazardous conditions, slippery floors, uneven floors, etc.
  • The property owner or manager tried with no success to remove or fix the issue
  •  A reasonable person could have identified an unsafe condition and that the “defendant” had an opportunity to provide the duty of care.
  • The property owner or manager was negligent in addressing the problem, which led to your accident.

Negligence in a Slip and Fall Case

To demonstrate that the owner of the premises is a liable party, it will be necessary to prove their negligence when the accident happened. This means proving the following points:

  • Did the dangerous condition or obstacle that caused your accident exist long enough for the owner/reasonable employee to have taken action to remove the hazard?
  • Did the owner/employee have a routine policy to verify that there were no possible hazards in the property? If that’s the case, is there a record where we can check if they were compliant with the procedure?
  • Was there a reasonable justification for the potential danger to exist? If that is the case, was it valid?
  • Could they have implemented preventive actions to make the premises safe? For example: installing warning signs in the area or forbidding access to the zone.
  • Was there poor lighting or limited visibility?

What is Your Role in the Accident?

The premises owner or their insurance carrier will try to blame you and say that you were partially at fault for the fall. Their main goal is to decrease the amount of financial compensation you are entitled to.

You could be partially at the at-fault party for the slip and fall accident so it will be necessary to evaluate the following elements:

  • Did you participate in any activity that could prevent you from realizing the danger? For example: talking on the phone, sending messages, or taking pictures.
  • Did you have legal access to the place where the accident happened? Was there a legitimate reason for you to be in a dangerous area?
  • Were there any warning signs you just ignored? Did you disregard any other security actions?

Take into account that if the defense manages to prove that your carelessness caused you to slip and fall, it is very unlikely to support your claim and win the case. Hence, it is always best to be vigilant. You never know when you will be in danger.

Injured From A Slip and Fall Accident? Farahi Law Firm Is Here To Help

If you or a loved one are victims of a slip and fall accident due to somebody else’s fault, do not hesitate to contact us. Farahi Law Firm has experienced slip and fall accident attorneys who will help you get the fair compensation you deserve. 

We are here to fight for and with you! Call us at (844) 824-2955 for a free evaluation of your case.

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