If you or a loved one has been injured as a result of a slip and fall from a poorly maintained piece of equipment or defective walking surface, through no fault of your own, you may be entitled to compensation for your medical bills, loss wages, pain and emotional distress.
According to a recent study, it’s estimated that 1,000,000 people injure themselves in slip and fall accidents each year with 16,000 of these falls resulting in death.
Slip and fall accidents can be caused by any number of things. They can occur as a result of slippery or poorly maintained walking surfaces, poor visibility, lack of safe handrails or guardrails and/or poor accessibility of the area that the injured person is trying to reach. No matter the cause, the results can be devastating in terms of medical bills, pain and suffering and lost wages and time from work.
Most property owners carry insurance for injuries which occur on their property as a result of their negligence. However, where there is no obvious fault (negligence), injuries may not be compensable. The insurance companies know that failure to maintain property in a safe condition for known or expected users, or a failure to warn people of dangerous conditions on property are two very common types of negligence in slip and fall cases; but some slip and fall accidents are just that, accidents.
In order to get compensation, the injured victim must establish that there was fault on the part of the property owner or maintenance company, which directly caused the accident and the injury. In assessing the value of your claim, insurance companies and attorneys usually consider:
- the nature of the defect which caused the injury;
- whether there was notice of the defect (whether the property owner knew of the defect);
- how long the property owner was aware of the defect;
- whether it was foreseeable that the known or expected user of the property might injure his or herself as a result of this defect;
- whether the victim was in any way responsible for the injury;
- the extent of the damages caused as a result of the fall.
The insurance companies’ adjusters are experts in the business of assessing claims so it is important that you know and understand your rights. An accident attorney can help by explaining the accident laws and accident reports related to your injury. At Rice Law Office, we will provide tough and compassionate representation and move your case forward in order to obtain full compensation for your injury. We will work with you to determine if your injury was caused as a result of negligence and then we will fight to get every dollar allowed by the law so that you can focus on what is important; getting better.