What questions will juries take into consideration when determining compensation in a slip and fall accident claim?

Here are a few questions you need to be aware of and answer when filing your claim. If you do so, the jury will definitely consider your answers when judging your case.

·         Did the property owner use his or her common sense?

·         Was there something the property owner “should have known” was dangerous?

·         Did the property owner use reasonable care to keep the property safe?

·         Did you slip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

What Juries Will Consider in a Slip and Fall Accident Claim

It is the responsibility of a property owner to show reasonable care in the maintenance of his or her property. A slip and fall injury is a common occurrence, with thousands of claims made each year. Many victims suffer serious, life-altering injuries that can result in wrongful death.

If it is proven that a property owner was negligent and should have known about the dangerous or defective condition that caused the slip and fall, you may be compensated for your injuries.

Here are a few questions one needs to be aware of and answer when filing the claim. These are questions that juries will consider. 

·         Did the property owner use his or her common sense?

·         Was there something the property owner “should have known” was dangerous?

·         Did the property owner use reasonable care to keep the property safe?

·         Did you slip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

·         Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?

·         If you slipped over an object someone placed or left on the ground, was there a good reason for the object to be there?

·         If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?

·         Was there a safer place the object could have been located?

·         Could a barrier have been created to warn people of a potential danger?

·         Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, you may have a claim for compensation. Every slip and fall accident is unique, and it is best that an experienced slip and fall attorney is hired to handle the case.

Slip and Fall Accident

I was seriously injured in a slip and fall accident. How can I determine if I am eligible to make a claim for compensation?

If the answer to one or more of these questions is in your favor, you may be eligible to claim compensation for your injuries:

·         Did you slip over a broken or uneven area of carpet or floor, or on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?

·         Has any accident happened there before?

·         Is there a schedule in place for regular maintenance, cleaning and repairing of the premises? If so, what proof does the owner have of regular maintenance?

5 Steps to Take After a Slip, Trip, and Fall Accident

1.       Seek Medical Treatment: If you have been injured in an accident it is important to see a doctor so that your injuries can be properly documented. The medical records will be important pieces of evidence when claiming for compensation for your injuries.

2.       Report the Accident: No matter where the slip, trip, and fall accident happens, in a store, on a sidewalk, or at a friend's house, make sure you report it to a manager, owner or landlord. Ask the manager, owner or landlord to make a written report, and request a copy before you leave.

3.       Document Everything: Collect the names, addresses, phone numbers and email addresses for all potential witnesses. Also, if possible take pictures of the location where you fell and make sure to photograph any stairs, icy patches, or other conditions that contributed to your accident. Write down the details of the accident, the way you fell, and any other details, including the exact time and date.

4.       Decline to Give Statements: Remain calm and limit your communication with the property owner or manager. Do not give any statement to the insurance company until you've spoken to an attorney.

5.       Call an Attorney: Speak to an attorney at the earliest. Since many slip, trip, and fall cases are complex and difficult to prove, you are best served by the resources of an experienced attorney.

How Can I hold a Property Owner Responsible for My Slip and Fall Accident on His Property?

To hold a property owner responsible for your slip and fall accident injuries, you must prove one of the following:

·         The property owner should have known of the dangerous condition on his property and should have fixed it.

·         The property owner knew of the dangerous condition but did nothing to fix it.

·         The property owner intentionally caused the dangerous condition.

How to Prove a Slip and Fall Accident on Someone Else’s Property

If you have suffered serious injuries in a slip and fall accident on another person’s property, you may make an injury claim against the property owner. However, proving a slip and fall accident on another person’s property is challenging. To win such a case, you must prove that the property owner was negligent and that his negligence resulted in your injuries.

Although a property owner is required to keep his or her property in a reasonably safe condition, this does not mean that whoever slips and fall on his or her property may hold the property owner liable. To hold a property owner responsible, the injured person must prove either one of the following:

·         That the property owner should have known of the dangerous condition on his or her property and should have fixed it

·         That he or she knew of the dangerous condition but did nothing to fix it

·         That he or she intentionally caused the dangerous condition

To prove that a property owner was negligent in keeping the premises safe, an injured person should consider the following:

·         Did the hazardous condition exist long enough for the property owner to take care of it?

·         Did the property owner routinely check for potential hazards on his/ her property?

·         Was the hazard intentionally created? Did the property owner have any justification for creating such a hazard?

·         Could the slip and fall accident been prevented by relocating the hazard or by placing a warning sign in the area?

·         Was the accident caused because of poor lighting or limited visibility?

How to Prove a Slip and Fall Accident on Someone Else’s Property

My father suffered serious injuries when he slipped and fell on someone else’s property. Can we hold the property owner liable for his injuries?      

Proving a slip and fall accident on another person’s property can be challenging. To win such a case, you must prove that the property owner is responsible for your injuries. In order to hold a property owner responsible, you must prove one of the following:

·         The property owner should have known of the dangerous condition on his/ her property and should have fixed it.

·         The property owner knew of the dangerous condition but did nothing to fix it.

·         The property owner intentionally caused the dangerous condition.

You can calculate your slip and fall accident claim on the following basis:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to because of your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

How Much is My Slip and Fall Accident Claim Worth?

If you were injured in a slip and fall accident on someone else's property and are planning to file a claim, you will certainly want to consider how much your slip and fall claim might be worth. The short answer to this question is: It depends, because each case is different and each state has different laws. However, there are some common considerations under which your slip and fall accident claim may be calculated:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full. Often healthcare providers agree to accept less than the billed amount, so it is important to know what the rule in your jurisdiction is.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to because of your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned. However, your employer must provide a written statement on the amount of time you missed work because of your injury, and your salary or wage rate.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

However, you will need to establish that your capacity to earn has been diminished because of the injuries. If you are successful in establishing that, the defendant may compensate you for that loss in a couple of different ways, including:

·         paying for you to be trained/educated in a different field

·         paying you a lump sum for the amount of your reduced earning capacity

Slip and Fall Accident Claim

I was injured in a slip and fall accident, and am currently on complete bed rest. I am going to file a slip and fall accident claim against the party responsible. I would like to know how much my claim is worth.

The short answer to your question is: It depends, because each case is different and each state has different laws.

However, there are some common considerations. Your slip and fall accident claim may be calculated on the following basis:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to for your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

When can a municipality be held liable for slipping on ice or snow on a sidewalk?

A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or a commercial area. It is not responsible for clearing away ice and snow on a sidewalk in front of a private residence or private property. If you slip on ice or snow on a public sidewalk in a residential area, the municipality cannot be held liable. However, if you slip on ice or snow on a sidewalk in a commercial area, you can hold the municipality liable.

The condition of ice and snow can change within minutes - ice can melt, or it can be cleared away. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow as it was at the time of the injury.

Municipality’s Liability in a Slip and Fall Accident Case

If you have been injured in a sidewalk slip and fall accident, you may hold the municipality responsible, since a municipality is responsible to maintain a sidewalk. However, to hold a municipality liable, you must prove that the negligence of the municipality caused you injuries.

When is a municipality liable for a sidewalk fall injury?

Just because someone fell on the sidewalk does not necessarily mean that the municipality was negligent. Also, just because there may have been a slippery or other unsafe condition on the sidewalk does not mean that the municipality was negligent. To prove that the municipality was negligent, one must prove that the municipality knew or should have reasonably known of the unsafe condition.

Liability for slipping on ice or snow on a sidewalk

A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or a commercial area. It is not responsible for clearing away ice and snow on a sidewalk in front of a private residence or private property. If you slip on ice or snow on a public sidewalk in a residential area, the municipality cannot be held liable. However, if you slip on ice or snow on a sidewalk in a commercial area, you can hold the municipality liable.

Liability for tripping on a broken sidewalk

If you fall into a hole or trip over a broken piece of public sidewalk, you can make a claim against the municipality, depending on the size of the hole or the break in the sidewalk.

The condition of ice and snow or the broken sidewalk can change within minutes - ice can melt, or it can be cleared away and the broken sidewalk can be fixed. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow or a broken sidewalk as it was at the time of the injury.

Slip and Fall Accident

As I walking by the sidewalk, I slipped and fell and suffered a spinal cord injury. I know that municipalities are responsible for clearing away ice or snow on a public sidewalk. How do I hold the municipality responsible? What should I prove?

To hold a municipality liable for a sidewalk fall injury, you must prove that the accident was caused by the municipality’s negligence. A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or area. If you have slipped on ice or snow on a public sidewalk in a residential area, you cannot hold a municipality responsible for the accident. However, if you have slipped on a sidewalk in a commercial area, you can hold the municipality liable.

The condition of ice and snow can change within minutes - ice can melt, or it can be cleared away. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow as it was at the time of the injury.