What Constitutes a Slip and Fall Accident?

Slip and fall accidents are among the more common personal injuries for which an individual might seek legal assistance. Our firm offers counsel to those who have experienced a slip and fall. Our team of experienced personal injury lawyers may be able to win you compensation for your injuries. To best assist potential clients, we have authored a general information piece answering five common questions related to slip and fall accidents.

Slip and fall accidents can occur anywhere and at almost any time. Often, these incidents happen due to the negligence of a business/property owner in maintaining a safe environment. Such mishaps can occur in places like:

  • Shopping malls.
  • Parking lots.
  • Sidewalks.
  • Grocery stores.
  • Public venues like arenas and stadiums.
  • Improperly secured construction sites.

Slip and fall accidents can be caused by several different factors, including, but not limited to:

  • The accumulation of snow and ice on stairs and sidewalks.
  • Poorly maintained pavement on surfaces such as parking lots and sidewalks.
  • Spilled liquid such as water.
  • Unsecured wiring and cords.

What Is Your Individual Claim Status?

Crucial to determining whether someone has a legitimate chance to win a case and be compensated is their status at the time of the incident. Status is divided into three categories: Invitee, Licensee, and Trespasser.

  • Invitee: An invitee is considered a customer or client of a specific business entity. These individuals are invitees because they are welcomed into an establishment to purchase the goods and services it provides.
  • Licensee: In most instances, a licensee is an individual or group on the premises of a specific establishment to perform a specific task. Common examples include electrical and plumbing contractors.
  • Trespasser: A trespasser is an individual who has no legitimate reason to be on premises of specific business entity and may be there for sinister reasons.

An invitee is most likely to be victorious in a slip and fall case, as well be compensated for their resulting injury. Trespassers rarely, if ever, are successful in winning compensation.

How Long Do I Have to File a Slip And Fall Claim?

It is recommended that legal proceedings commence as soon as possible. The statute of limitations on slip and fall claims is not indefinite. The exact amount of time that one has to file a claim varies from state to state and, in some cases, depends upon the type of injury sustained. A local attorney can advise you on where your case falls within the statute of limitations timeframe.

How Does One Prove Liability?

The key to winning and receiving maximum compensation hinges on proving the accident happened due to negligent behavior by the owner of the property or establishment where the incident occurred. An individual and his or her legal team must consider relevant questions such as:

  • Did the property owner have enough time to remedy the danger which caused the incident?
  • How long had the danger existed?
  • Was the victim warned of such hazards?
  • Did an unexpected event trigger the danger which caused the accident?

In most instances, the accused, under the legal principle of comparative negligence, will try to prove the victim bears some or all of the responsibility for the incident.

What Type of Damages Can One Pursue?

Individuals can seek compensation in categories including:

  • Lost wages.
  • Medical expenses (past, present, and future).
  • Pain and suffering.
  • Potential lost earnings.

If you have questions about a slip and fall accident, consider speaking with a personal injury lawyer such as the personal injury lawyer Milwaukee, WI locals trust who can advise you of your legal rights.

Hickey and Turim Attorneys at LawThanks to our friends and contributors from Hickey & Turim LLP for their insight into personal injury practice.