Since most states allow for compensation under comparative negligence laws, you may pursue a slip and fall claim even if you were partly at fault for the incident.
Slip and fall accidents are common, but understanding your rights afterward can be anything but straightforward. If you’ve suffered from such an incident and think that your actions might have played a role, you might wonder whether you still have a claim.
At Loncar Lyon Jenkins, Dallas slip and fall accident lawyers specializes in helping those affected by slip and fall accidents to understand and assert their legal rights.
What Constitutes a Slip and Fall Accident?
Slip and fall accidents occur when an individual loses their footing and falls due to a dangerous or unexpected condition on someone else’s property. These incidents can result from various hazards, such as wet floors, uneven surfaces, or inadequate lighting. The core of such claims lies in premises liability law, which mandates that property owners and occupiers maintain a safe environment for visitors.
Premises liability law hinges on the principle that property owners have a duty to ensure their premises are reasonably safe. When they breach this duty, they may be held liable when someone is injured.
While specifics can vary by jurisdiction, general statutes often require that the injured party demonstrate that the property owner knew or should have known about the hazard and failed to address it. Within these legal frameworks, individuals can seek compensation for injuries sustained from slip and fall accidents.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Comparative Fault in Slip and Fall Claims
Comparative fault, or contributory negligence, is a legal doctrine in personal injury law that can significantly impact a slip and fall claim. It refers to the allocation of fault among different parties who contributed to an accident. Under this doctrine, the court assesses the percentage of fault of each party involved in an incident. If the injured party is found partly responsible for their own injuries, their compensation may be reduced by their percentage of fault.
For instance, if a person slips and falls in a store due to a spill they failed to notice because they were texting, the court might find the injured party 20% at fault for not paying attention to their surroundings. Consequently, their awarded damages would be reduced by 20%.
The specific rules and applications of comparative fault vary by state. Some states follow a “pure” comparative fault rule, allowing the injured party to recover damages even if they are 99% at fault. Others follow a “modified” comparative fault rule, which bars recovery if the injured party’s fault reaches a certain threshold, typically 50%.
The Role of Negligence in Your Slip and Fall Claim
Negligence in personal injury claims is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. It’s central to these claims because the injured party must prove that another’s negligence caused their injuries. In slip and fall cases, the victim must establish that the property owner’s failure to maintain safe conditions or warn of dangers directly led to their accident.
Proving negligence typically involves demonstrating that the property owner knew or should have reasonably known about the hazardous condition and failed to rectify it or provide adequate warning. For instance, if a liquid spill in a store is left unattended for an unreasonable amount of time, and someone slips because of it, this could be construed as negligence. The statutes governing these principles, often found within state civil codes, detail the elements of negligence that must be proven, such as duty of care, breach of that duty, causation, and damages. Each jurisdiction may have variations in the law, so it’s crucial to reference the specific statutes that apply where the incident occurred.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Steps to Take After a Slip and Fall Accident
In the aftermath of a slip and fall accident, certain measures are essential to fortify your legal position. Consider the following actions to support your case:
- Assess the location and cause of the accident: Determine where and why the slip and fall occurred, as the location may determine who is potentially liable.
- Identify the hazard: Identify what caused you to fall, such as a wet floor or uneven surface, as this will be central to proving negligence.
- Document the conditions: Take photos or videos of the accident scene and the hazard as soon as possible, as conditions can change quickly.
- Report the incident: Notify the property owner or manager immediately and ensure a written report is made; request a copy for your records.
- Collect witness information: If anyone saw the fall, get their contact details. Witness statements can be crucial in supporting your claim.
- Seek medical attention: Prompt medical evaluation not only supports your health but also provides documentation of your injuries related to the fall.
- Keep evidence of damages: Save all medical bills, receipts, and records of lost wages or other costs related to the injury.
- Write down your account: As soon as possible, write a detailed account of the incident and your recollections, which can be important later on.
- Avoid making statements: Be cautious about what you say to insurance adjusters or the property owner, as it could affect your claim.
Contact a personal injury attorney who can help assess the strength of your claim and guide you through the legal process.
Call Loncar Lyon Jenkins For Your Free Consultation
If you’ve experienced a slip and fall, don’t let the opportunity for rightful compensation slip away, even if you think your actions contributed to the incident.
Contact Loncar Lyon Jenkins today for a free consultation.