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Home » Consumer Information » Brain Injuries » Slip and Fall

Slip and Fall Victim Rights

Slip and fall accidents are a common occurrence on a daily basis all over America. If you are unfortunate enough to be the victim of a slip and fall accident on someone else's property, you may have a personal injury case related to premises liability on your hands. If you slip and fall on property that is owned or maintained by another party, you likely have the right to request compensation for any injuries suffered during that accident. The owner may be found liable for any unsafe conditions or negligence on the grounds.

Causes of slip and fall accidents

Injuries caused by slip and falls can stem from a variety of circumstances. The most frequent accidents involve:

  • Stairways
  • Ramps
  • Parking lot potholes
  • Uneven sidewalks
  • Liquid or other slippery substances on floors
  • Snow and ice buildup

Determining if the fall was due to negligence is dependent upon a couple different variables. According to most state negligence laws, the property owner must have actual or "constructive" knowledge that the hazardous condition existed prior to the accident. Constructive knowledge means that the person responsible for the site should have been aware of the problem. Consequently, if a property owner did have actual or constructive knowledge of the danger, but did nothing to fix it, that person could be deemed negligent if anyone is injured on the premises.

Premises liability

There are different rules and regulations that determine an owner's liability in terms of his/her land. On government property, an immunity law may prohibit any type of recovery for damages, or there could be a very strict claims process that must be followed very carefully to yield any award. At a construction site, workers must take painstaking care to prevent bystanders from being injured. As a result, there is a position called the host that looks out for the well-being of visitors and warns guests of problems that could arise. In a retail environment, the storeowner or manager must abide by certain codes of conduct and inspect the grounds to verify the consumer's safety in addition to the employees'.

Damages

If you and an attorney are triumphant in an attempt to establish that another party is liable for your slip and fall incident, you are entitled to be compensated for medical costs, pain and suffering, present and future loss of wages, and any other minor damages resulting from the accident. The majority of homeowners' and business liability insurance policies include medical coverage for people hurt on the premises in spite of who is at fault. However, coverage does differ between policies.