Experiencing a slip and fall accident can be physically and emotionally painful. It can be even harder when you’re hesitant to file a lawsuit.
If you’ve been hurt because of someone else’s negligence, you deserve compensation. Homeowners and business owners have a legal duty to maintain a safe property, and if they fail to do so, you have rights.
Here’s what you need to know.
Property owners take on the duty of care
Being legally responsible for the safety and well-being of all who enter the property comes with the territory of owning a home and running a business. Property owners are responsible for keeping the premises safe, which extends to sidewalks and even parking lots. Failing to maintain a safe premises to the point of an accident is considered negligence.
Under premises liability law, “duty of care” refers to a property owner’s obligation to take reasonable steps to prevent harm. This means fixing broken stairs, cleaning up spills, posting warning signs, roping off hazards, and keeping walkways clear. When this duty is breached, and an accident happens, the property owner can be held legally liable for the damages.
For example, if a customer slips on spilled liquid that employees had been ignoring for hours, the business will likely be held liable. However, if the spill just happened and employees didn’t have a reasonable opportunity to clean it, liability might be debatable.
Liability can extend to multiple parties
Although the property owner is usually the one held liable, responsibility can be extended to additional parties, including:
- Property managers. When a property manager is responsible for maintenance and fails to address hazards, they may be liable for injuries.
- Tenants. With leased properties, tenants might be responsible for maintaining safe conditions, thereby making the tenant responsible for injuries caused by neglecting the duty of care.
- Municipalities. When accidents occur on public property, local governments are often held accountable if road maintenance duties were neglected.
A property owner’s excuses won’t necessarily work
Despite having a legal duty of care, property owners facing a lawsuit often come back with rationalizations. For instance, many claim they were unaware of the hazard, state that the hazard was an open and obvious danger, and assert that the injured party was at fault. However, courts don’t always side with homeowners who claim they never noticed a problem. If you’re pursuing a slip and fall injury lawsuit, get a lawyer right away to fight against these justifications. Don’t leave your case to chance.
You’ll need to file within the statute of limitations
Every state has a time limit for filing a personal injury lawsuit. For instance, in Tennessee, the statute of limitations is one year from the date of the accident. That may seem like a long time, but the days can slip away fast if you aren’t paying attention.
Know where to file your lawsuit
The amount of money you’re suing for will determine where you file your lawsuit. You might think it’s easier to file a small claims case if you’re suing for a small amount. However, be aware that you can’t bring a lawyer to small claims court, and your injury case might be worth more than your state’s small claims maximum. That’s why it’s crucial to discuss your case with a lawyer before taking any action.
A lawyer can get you better compensation that includes more than just medical bills. A personal injury attorney can pursue full compensation on your behalf, including the cost of future treatment, lost wages, lost earning capacity, pain and suffering, emotional distress, and sometimes even punitive damages.
An experienced lawyer will know how to calculate your losses thoroughly to make sure you don’t settle for less than you deserve.
Consider the potential for shared responsibility
While you have rights as an injured party, you also have responsibilities. In some cases, injured parties share responsibility for the accident. Under comparative negligence laws, compensation gets reduced proportionate to fault. For example, if you’re found to be 15% responsible for the accident, your compensation will be reduced by 15%.
Legal representation is crucial for slip and fall accidents
Achieving a favorable outcome on your own is tough, if not impossible. Contact a personal injury attorney for a better outcome. An experienced attorney will know exactly how to present your case and negotiate a generous settlement on your behalf. Going it alone is risky. Hiring a qualified attorney will protect your rights throughout the entire process.
