Slip & Fall Accidents

Premises liability is a type of personal injury claim where a person is injured as a result of an unsafe or defective condition that exists on someone’s property. A premises liability claim is often referred to as a “slip and fall” claim. “Slip and fall” is a term used to describe an injury that happens to someone when they slip, trip, fall or get hurt on someone else’s property. A slip and fall accident can occur inside or outside and it can occur on public or private property. For an injured person to be successful in recovering on a slip and fall case, the injured party must show that the property owner was negligent in their ownership and failed to take reasonable care in maintaining the property. The general rule in a slip and fall case is that property owners must take reasonable care to provide safe “premises” for their visitors. A key element in proving a slip and fall claim is to show that the owner knew or should have reasonably known that a dangerous or unsafe condition existed and failed to take steps to remedy the unsafe situation. Property owners are not always liable for injuries caused on their property. Every individual has a responsibility to be aware of their surroundings and to avoid dangerous situations. Nevertheless, property owners have a duty to maintain reasonably safe conditions and if they fail to do so, can be legally liable for resulting injuries to individuals who get hurt on their property.

In fact, slip and fall cases can be very complex and difficult to prove which is the reason it is important to contact the Schupak Law Firm so we can provide a professional evaluation on whether you have a case worth pursuing. Remember that you only have a certain amount of time to file a lawsuit so don’t wait. Every jurisdiction has limits on filing lawsuits, called a statute of limitations. Statutes of limitations are deadlines or limits on the amount of time a plaintiff can file a lawsuit. Call the experienced lawyers at the Schupak Law Firm for a free legal review and evaluation so you can focus on recovering from your injuries.

At The Schupak Law Firm, we will evaluate your case, free of charge. We have handled hundreds of slip and fall cases and have the experience and skill necessary to determine whether you should move forward with your case. After assessing the facts and evidence in your case, we will advise you on your legal rights to walk you through the legal process and recover the maximum amount you are entitled to recover under the law. Many times, we are able to settle the case with insurance companies prior to trial. If however, you are not offered fair and equitable compensation as part of the settlement, we will not hesitate to take your case to trial. We work on a contingency fee. This means that we only get paid if we are successful in recovering for you – so you pay nothing unless we are successful in recovering for you.

Examples of Premises Liability or Slip and Fall Cases:

• weather hazards such as snow and ice
• potholes
• elevator and/escalator accidents
• toxic fumes or chemicals
• wet or oily floors
• torn, raised and/or unsecured carpets/rugs
• poor lighting
• uneven thresholds
• broken, cracked or uneven sidewalks, steps or floors
• defective staircases with loose or uneven stairs
• fires
• water leaks/flooding
• inadequate building security creating safety hazards
• defective conditions on a premises
• absence of or loose handrails
• inadequately maintaining a property
• swimming pool accidents
• obstructions such as cords and/or wires
• unsafe construction sites
• uneven concrete on sidewalks, walkways
• holes/depressions

In order to hold another party legally liable for a slip and fall case, you need to prove the following:

1. Defendant had a duty to the Plaintiff because he/she owned, operated or controlled the premises;
2. Defendant knew or should have known of the dangerous condition;
3. The dangerous condition caused the plaintiff’s injury; and
4. The plaintiff suffered injuries or damages as a result of the dangerous condition

There are certain circumstances that can make your case stronger. For instance, some individuals are owed a higher level of duty by property owners than others. As an example, if you are shopping in a store as a customer or are invited to someone’s home as a guest, then you are considered an “invitee” and are owned a higher duty by a property owner than a “trespasser” or someone who was not invited onto a property owner’s property. If you are a trespasser, the only duty a property owner owes you is not to intentionally injure you. Another example of a circumstance that contributes to a stronger case is if the owner actually knew of the unsafe or dangerous condition and did nothing to fix it. Injuries that result from conditions that existed for longer periods of time which were known to exist by the owner and/or their employees, are easier to prove and win.

When evaluating the case, the lawyers at the Schupak Law Firm will want to find out whether the property owners and/or their employees should have known of the dangerous condition by evaluating whether a “reasonable” person would have known about the dangerous condition and corrected it. They will also want to evaluate whether the property owner and/or their employees actually did know about the dangerous condition and failed to correct it. Lastly, they will evaluate whether the property owner and/or their employees actually caused the dangerous condition.

What Kind of Damages Can You Claim and/or Recover From in a Slip and Fall Case?

There are a wide range of damages that a plaintiff can recover in a slip and fall case. It is also possible for the family members of an injured individual to recover if your injury affected your relationship with them.

Below are Types of Claims You Can Recover From in a Slip and Fall Case:

• medical expenses
• lost wages/income
• pain and suffering
• mental anguish
• disfigurement
• damage to your marital relationship