Experienced Lawyers for Fall Accident Victims
Any person who has experienced an unexpected fall understands how sudden and terrifying it can be. Many can get right back up and deal with a little soreness, but others experience life-altering injuries as the result of a slip and fall or trip and fall accident. Catastrophic injuries can include fractured bones, neck/back injuries, and traumatic brain injuries. The elderly are particularly susceptible to serious injury when they fall. When a slip and fall is the result of a dangerous condition on someone else’s property, they may be actionable. The person responsible for the premises may be held accountable for failing to keep the premises free from dangerous conditions or failing to properly warn. If you were injured in a slip or trip and fall, you should call the seasoned personal injury lawyers of Walton Law, APC to discuss your legal options.
Suing for Damages After a Slip and Fall
Common examples of dangerous property conditions that could cause falls and injuries include the following:
- Equipment left unattended in stores or restaurants,
- Spilled liquids or freshly mopped floors without warning signs that create a slip hazard,
- Uneven, broken, or defective sidewalks,
- Defective parking lots,
- Broken or defective handrails,
- Defective steps and stairways or obstructions on steps or in aisles,
- Poor lighting,
- Negligent or inadequate security,
- Defective elevators and escalators, and
- Inadequate supervision or maintenance at a swimming pool.
In performing their duty to exercise reasonable care in order to keep their premises safe for guests, owner-operators may be responsible for routine inspections to discover any dangerous conditions that could result in a fall. They are expected to make necessary repairs in a timely manner, and alert visitors of potentially dangerous conditions by posting notices or warning signs.
Proving Actual and Constructive Knowledge
A victim injured as the result of a slip and fall must show an owner-occupier had either actual or constructive knowledge of the dangerous condition that caused the fall and failed to provide warnings or make repairs.
For actual knowledge, the victim must prove the owner-occupier actually knew about the dangerous condition resulting in injury. They may have:
- Created the dangerous condition themselves
- Been present on the property and actually seen the condition yet failed to make repairs
- Received reports or complaints about the hazard from maintenance personnel, employees, or guests of the premises
Alternatively, to establish constructive knowledge, the victim must demonstrate that if the owner-occupier had shown reasonable care, they should have known about the dangerous condition giving rise to the personal injury claim. If, for example, a spilled drink remained on the floor of a restaurant’s dining area for several hours before the injury occurred, the owner-occupier may be presumed to have constructive knowledge of the hazard, as exercising reasonable care would have alerted them to the standing liquid and resulted in timely cleanup.
Documenting Your Slip and Fall Injury
If you or a loved one has suffered a fall that has resulted in injuries, it is important that you accurately document the scene. This can be done effectively with photographs and/or video. You should also attempt to obtain the names and contact information of all individuals who witnessed the fall incident and/or scene of the incident.
Consult a Seasoned Fall Attorney About Your Case
It can be difficult to establish liability after a fall that results in injuries. Evidence is sometimes lost rapidly in these cases. You should call an attorney right away to ensure you understand your options and so that you don’t unwittingly make choices that could affect your recovery for your injuries. At Walton Law, our trustworthy slip and fall lawyers have successfully handled many lawsuits that arise out of falls in stores, parking lots, private property and in nursing homes. For a free and confidential consultation, please call us directly at (866) 338-7079, or contact us through our online form.