Our Norcross Slip and Fall Attorneys Can Help You, Today!
When you’ve been hurt in a slip and fall accident on someone else’s property, you need an attorney who will listen to your story, explain your rights and legal options, and fight to seek the full compensation that you are owed.
According to the National Floor Safety Institute, slips and falls account for over 1 million emergency room visits each year. Elderly individuals are particularly at risk of sustaining serious or fatal injuries in a slip and fall accident, with falls being the second leading cause of death for those 65-84 years of age.
In many cases, slip and fall accidents don’t just happen. They are the direct result of negligence on the part of a property owner, business, or another responsible party. There are codes, laws, standards, and guidelines that in place that inform property owners, managers, business owners and workers of how to maintain a property and prevent accidents. When these standards are not followed, severe injury accidents could occur.
Were you hurt in a slip and fall accident caused by poor maintenance, lack of warnings, or another form of negligence? If so, you need a legal team with the experience, skill, and resources to pursue your compensation for all your losses.
The Norcross personal injury lawyers at Adamson & Cleveland, LLC have more than 25 years of experience helping those who have been injured in our community. We will do everything possible to pursue the maximum compensation possible.
Contact us now by phone or online to schedule a free, confidential consultation about your best legal options.
Alan had our best interest and represented that interest in the case. He told us up front what to expect not only on how the case would develop and the expected settlement level but also ‘soft’ issues such as interpersonal relationship impacts. There were no surprises. Alan had an excellent strategy for the case and was very diligent and responsive. If we ever have another event requiring representation Alan will be the only call we will make. We are pleased to say that not only did Alan represent us well, he was very personable and at the end we felt like we were being represented by a friend as well as our attorney.
What Is a Slip and Fall Claim?
If you are hurt in a slip and fall accident, your injury claim falls under the broader legal category of premises liability. Premises liability holds that the owner or operator of the property will be liable for what happens on the property and can be held legally responsible if people are hurt in an accident caused by negligence.
Slip and fall accidents can happen anywhere, and in many cases, they are the result of carelessness or negligence on the part of the property owner or business that occupies the property.
Some common causes of slip and fall injuries include:
- Wet floors
- Torn carpeting
- Cracks or uneven flooring
- Narrow or loose stairs
- Inadequate lighting
- Spills or debris
- Cracks or holes in the pavement
Virtually any hazardous condition could cause harm to a guest, visitor, or patron. Victims and their families could be eligible to take legal action against a retail store, restaurant, office building, shopping mall, hotel, or other establishments where an accident occurs. Action can also be considered if you are hurt in a public place like a sidewalk, stadium, theater, or a park.
Private homeowners also owe their guests a duty of care. They are responsible for the safety of those who visit their property, and if someone is hurt due to a slippery floor, broken stairs, an unkempt lawn, or another hazard, the homeowner could be held liable. In many cases, homeowners’ insurance coverage would pay then claim.
What Do You Have to Prove in a Slip and Fall Claim?
If you were hurt in a slip and fall accident that was someone else’s fault, you might be left wondering if you’ll be able to hold that party accountable. The critical issue at stake when seeking an insurance settlement or pursuing a personal injury claim is proving liability. To win your case, you will need to prove that the property owner, manager, renter, or other responsible party is liable for your injuries.
You will need to show that the other party caused the accident or, in some cases, failed to prevent the accident from happening. You may also need to prove that your own actions were not unduly careless or negligent.
To be eligible to seek compensation for injuries suffered in a slip and fall accident, you must show that:
- The property owner failed to clean up a spill, left a tripping hazard in a walkway, or otherwise caused a hazardous condition that led to the slip and fall accident.
- The property owner should have recognized a dangerous condition – for example, torn carpeting, a broken staircase railing, or a pothole in the parking lot – and cleaned up or repaired the hazard, but failed to do so.
The key factor here is demonstrating that a reasonable person should have or would have been aware of these hazards and would have addressed them. This means taking into account:
- The length of time the hazard existed on the property. Did the owner have enough time to notice and take care of the issue?
- Did the owner have an established safety policy and perform routine safety checks for hazards on the property? Is there any proof of these measures in the form of records or logs?
- Did poor visibility or inadequate lighting contribute to the accident?
- Could the owner have reduced or eliminated the risk posed to visitors by putting up warning signs or restricting access to the area?
You should also be aware that following an injury accident, it is not uncommon for property owners and insurance company representatives to argue that the victim was responsible for the accident. They may try to argue that the victim was behaving recklessly or carelessly or was distracted in some manner and their own actions caused them to slip and fall.
To secure compensation for your slip and fall claim, you will have to demonstrate how the property owner was liable and show that your actions did not cause the accident.
What Evidence is Needed to Prove a Trip and Fall Claim?
When seeking compensation in a slip and fall case, you will need to have evidence of the hazardous condition that caused the accident. Some of the most valuable and easiest to collect pieces of evidence that a victim can show is pictures of the hazard.
For example, if you slipped on a spilled liquid in a grocery store, you should immediately take pictures of the spill on the ground, as well as pictures of the surroundings, including the lack of any “wet floor” signage. Because water, snow, or ice will melt and dry or can be quickly cleaned up, it is vital that you take pictures right away before this crucial evidence disappears.
Similarly, if you were hurt due to another hazard like a broken staircase railing, uneven sidewalk, a pothole, or an uneven threshold, be sure to take pictures of the hazard that caused the accident right away. If there was a design issue or a failure to warn of a unique feature on the property, you would want to show it clearly through pictures.
Also, be sure to preserve the clothing and shoes that you were wearing at the time of the accident. Do not take clean or wash these items after the accident. Doing so may remove vital evidence that your attorney will need to prove your claim. Instead, preserve them in their exact state, and give them to your legal team as soon as possible.
What Compensation is Available in a Slip and Fall Lawsuit?
If your slip and fall attorney can prove that the property owner or other responsible party’s negligence caused your injury, you could be owed significant compensation. These damages are designed to restore your life to how it was before the accident as best as possible. Naturally, after a severe injury accident, this may be challenging if not impossible, but the goal is to make sure that you do not have to pay out of pocket for someone else’s negligence.
You could be eligible to secure compensation for:
- All medical bills incurred due to the accident
- Lost wages
- Loss of future earnings if disabled
- Pain, suffering, and emotional anguish
If you lost a close relative in a slip and fall accident, you could be eligible to pursue a wrongful death claim to seek compensation and a measure of justice. In a wrongful death claim, the person’s spouse, children, or another representative could seek compensation for funeral and burial costs, final medical expenses, loss of support, and other damages.