A slip-and-fall claim is one of the most common types of personal injury claims. A slip-and-fall incident commonly occurs when a business owner or property owner fails to keep their premises properly maintained. There are many unsafe conditions that can cause hazardous walkways, including objects, weather, or substances, all of which a property owner is responsible for removing. The property owner or management company may be held accountable if a visitor, renter, or another person suffers injuries as a result of a fall.
However, the injured individual and their attorneys must establish that the property owner’s negligence or recklessness resulted in serious injury that required medical care, hospitalization, or long-term medical treatment.
Mueller, Schmidt, Mulholland & Cooling’ Des Moines slip-and-fall lawyers will be able to investigate the circumstances underlying your slip-and-fall claim. They will be able to sort through the complicated issue of liability and help you to make a successful claim against the accountable party. Our Iowa personal injury lawyers are well-versed in personal injury law and will be able to provide each client with individualized legal advice to get you the fair compensation you deserve.
Why You Need a Slip-and-Fall Accident Attorney?
It can be tough to win a slip-and-fall lawsuit. It is challenging to prove negligence, and defining an owner’s duty of care is even more difficult. A skilled personal injury lawyer will provide you with the best chance to have a successful claim.
Slip-and-fall lawsuits are difficult to litigate. A property owner may contest liability and oppose your claim, arguing that your carelessness or clumsiness caused your fall. This is why choosing an experienced attorney is critical; they understand how to work around the case’s complexities.
A skilled personal injury attorney will be able to fight for your rights and navigate through the grey areas of a premises liability case. They will ensure that the utmost care and safety was provided to their clients and that the property owner had a duty of care to the injured party.
What Is a Slip-and-Fall Accident?
A personal injury case in which a person slips or falls and is harmed on someone else’s property is referred to as a “slip-and-fall accident.” The vast majority of these lawsuits fall under the umbrella of premises liability claims. Slip-and-fall accidents almost always happen on someone else’s property (or “premises”), and the property owner may be held legally liable.
Many risk factors can lead someone to slip and fall, causing serious injuries, such as:
- Ripped carpeting
- Changes in flooring height
- Poor illumination
- Narrow stairs
- Wet floor
The same is true if someone trips on a public walkway that is broken or cracked or if they fall down a flight of stairs. A slip-and-fall case may also occur when someone slips or falls outside due to rain, ice, snow, or a hidden hazard, such as a pothole in the ground. In these cases, the property owner can be held liable but so can a government entity that is responsible for maintaining the roads and walkways.
Common Injuries Resulting from Slip-and-Fall Accidents
Slip-and-fall accidents might seem minor, but they can lead to some serious injuries that have a long-term impact on your life. Whether it happens in the grocery, on a sidewalk, in a parking lot, or at someone’s home, slip-and-fall accidents can happen anywhere and when you least expect it.
Sadly, the consequences can be far-reaching, affecting your mobility, ability to work, and overall quality of life. Here are some of the most common injuries that result from slip-and-fall accidents:
- Fractures: Broken bones, especially in the wrists, arms, hips, and ankles, are common when trying to break a fall or from the impact of hitting the ground. These injuries can lead to long recovery times and may require surgery.
- Sprains: Twisting or overstretching ligaments, particularly in the ankles or knees, can cause painful sprains. These injuries often limit your ability to perform basic tasks and take time to heal.
- Concussions and Traumatic Brain Injuries (TBIs): Hitting your head during a fall can cause a concussion, which might lead to symptoms like headaches, dizziness, confusion, and memory problems. In more severe cases, a fall can result in a traumatic brain injury (TBI), which can have long-lasting effects on cognitive function, mood, and overall brain health. Even mild TBIs, like concussions, can significantly impact your life, requiring ongoing medical care.
- Spinal Injuries: Falling onto your back, injuring your neck, or twisting your spine during a fall can lead to serious spinal injuries, which may result in chronic pain, nerve damage, or even paralysis in more severe cases.
What to Do Immediately After a Slip-and-Fall Accident
Experiencing a slip-and-fall accident can be a shock. Being hurt and caught off guard makes it confusing to know in the moment what steps to take to get help. No matter where you are when you experience a slip and fall, following these steps can help you get the care you need and lay a solid foundation for a legal case.
- Seek Medical Attention: Your health is most important. Even if you feel okay, it’s important to get checked out by a doctor. Some injuries, like concussions or internal bleeding, may not be evident right away but can be serious if left untreated. Also, it’s critical to hold onto any medical records, receipts, and other documentation related to your accident and injuries. This information will be beneficial if you file a claim.
- Report the Incident: Make sure to report the accident to the property owner, manager, or supervisor as soon as possible. Getting the details on record right away is crucial for any future claims or legal action.
- Document the Scene: If you’re able, take photos or videos of the area where you fell. Capture any hazards that contributed to the accident, such as wet floors, uneven surfaces, or poor lighting. This evidence can be vital in proving your case.
- Gather Witness Information: If anyone witnessed your fall, get their names and contact information. Their statements could be important if there’s a dispute about how the accident happened.
Taking these steps can help you protect your health and your legal rights after a slip-and-fall accident. After all these steps, you should consult with an experienced slip-and-fall attorney who can guide you through the process and help you understand your options.
Premises Liability in a Slip-and-Fall Accident
Premises liability is a legal concept that is commonly invoked in personal injury cases where an injury was caused by a dangerous or defective condition on someone else’s property. A premises liability claim can be brought against a commercial property owner, personal property owner, or a government entity. Recovery is different in each case.
- Commercial Property: In order to recover from a commercial property owner, you must establish that they caused the hazard, knew about the hazard, or should have known about the hazard.
- Government Property: Liability regulations and procedural limitations for premises liability suits against government organizations are quite strict. The Federal Tort Claims Acts (FTCA) is the only avenue for citizens to sue the federal government for personal injury, wrongful death, and property damage caused by a federal employee or agency’s negligence.
- Residential Property: The most important thing you will have to prove is that your accident was caused by the property owner’s negligence. You must show that the liable party failed to perform their duty of care to keep the premises free of hazards that could cause a slip or trip.
Additionally, recovery will be affected based on your status as invitee, licensee, or trespasser. In most circumstances, if you are a trespasser, you are not owed a duty of care. A licensee is someone who is typically invited to a property as a guest for a social purpose or enters the property for a specific reason. On the other hand, an invitee is someone who is on the property for a business purpose. Each of these is owed a different duty of care.
Proving Liability in a Slip-and-Fall Claim
It’s vital to figure out whether the harmful situation was permanent or merely temporary. In circumstances where the dangerous condition was just temporary, proving your case may be challenging due to the length of time it lasted.
If the person who fell is unable to determine what caused them to fall, proving fault will be challenging. After you have ensured your safety, and if you are physically able to, take pictures of the scene before seeking medical attention. A photo of the incident that caused your fall injuries could aid you in proving what caused your injuries.
Slip-and-fall lawsuits are governed by negligence law. If the property owner was not negligent, there would be no culpability, and you would be unable to bring a slip-and-fall claim. Slip-and-fall accident victims must demonstrate that one of the following is true:
- The property owners failed to maintain the property in fair and reasonable condition.
- The property owners created the hazardous conditions or were aware of the dangerous conditions, which resulted in the fall injuries.
- The property owners were aware of the hazardous condition but failed to tell visitors or renters.
After establishing liability and determining that the property owner had a duty of care to you, the plaintiff must then establish that they sustained some type of injury and that no other factor was responsible for their injuries.
Compensation Beyond Medical Expenses
When people think about compensation for a slip-and-fall, they often just consider medical expenses. But there’s often so much more to it than that. If your injury keeps you from working, you might be entitled to compensation for past, present, and future lost wages. There’s also the pain and suffering you’ve endured because of the accident—this can include both physical pain and emotional distress.
In some cases, you might also be able to seek compensation for loss of enjoyment of life. It’s devastating to no longer be able to participate in activities you enjoyed before, so it’s fair to seek compensation for all pain endured as a result of an accident — the physical and emotional.
The Role of Insurance Companies in Slip-and-Fall Claims
Dealing with insurance companies after a slip-and-fall can be tricky. They are known for trying to settle claims quickly and for as little money as possible. They may play nice at first, but do not be mistaken. Their goal is to protect their bottom line. That’s why having a lawyer on your side is so important.
An experienced attorney can deal with the insurance company on your behalf, so you don’t have to worry about being manipulated into accepting less than you deserve. With the right legal help, you can focus on your recovery while they handle the rest.
Contact Our Slip-and-Fall Accident Attorneys at Mueller, Schmidt, Mulholland & Cooling
If you or a loved one sustained serious injuries after slipping and falling on a property such as a head injury, brain injury, neck and back injury, broken bones, dislocation, disfigurement, or any other injuries, you are owed fair compensation for all medical bills and medical expenses related to the injuries.
Our Des Moines personal injury attorneys at Mueller, Schmidt, Mulholland & Cooling can apply the premises liability laws and personal injury laws most applicable to your case. When you establish an attorney-client relationship with our Iowa premises liability attorneys, you will be given the best legal advice to have a successful outcome.
Contact our law offices in Des Moines, Iowa, today to schedule a free consultation to get started on your personal injury claim with one of our experienced slip-and-fall attorneys. You can contact us online to get started right away.