Slipped or fell on someone else’s property?
Did you know that more than 8 million people end up in emergency departments because of slip and fall accidents each year?
That’s millions of real people being seriously hurt by accidents, incurring huge medical expenses, and missing out on income.
Here’s the problem…
Most people who experience slip and fall accidents aren’t aware of their legal rights. They assume things just happen and there is nothing they can do.
The truth is…
Property owners are responsible for making sure the condition of their premises is safe for people. When they fail to do so and someone gets injured, the law provides a remedy.
Understanding your rights could mean the difference between paying thousands of dollars in medical bills and being paid a settlement.
In this guide, we’ll explain…
- Your legal position in the event of a fall
- The legal principle behind slip and fall claims
- Property owner’s duties to keep you safe
- How to build a slip and fall claim
- Important steps to take after an accident
Legal Principle Behind Slip and Fall Cases
Want to know what’s behind most slip and fall cases?
These cases are based on a legal concept known as “premises liability.”
Premises liability is the body of law that makes property owners responsible if a visitor is injured on their land as a result of unsafe conditions.
Here’s how it works…
Property owners have a duty of care to maintain reasonably safe conditions on their property. If they fail to do so and someone is injured as a result, the property owner can be held liable for those injuries.
So what do you need to know about this legal principle?
Property owners can be held legally liable when the unsafe conditions on their property are the direct cause of someone’s injury.
The key is showing that a property owner was negligent in how they managed the property.
If you are dealing with serious injuries after a slip and fall accident, it’s in your best interest to listen to victims of successful cases who say “get legal help from our slip and fall injury lawyers in Calgary,” and then know whether you can get some money from the person who is responsible for your injuries.
What Are Property Owners’ Duties to Keep You Safe
Property owners have certain duties to visitors on their property.
They can’t just ignore potentially dangerous conditions. Knowing what they have to do legally is helpful in holding them accountable if they don’t.
Property owners must…
- Inspect their property for hazards regularly
- Fix dangerous conditions that they discover
- Warn visitors about known dangerous conditions
- Maintain their property in a safe condition
The level of care required by property owners varies depending on the visitor’s purpose. The highest duty of care is owed to people who are business invitees such as customers at a store. A different standard of care is owed to licensees, such as social guests.
Did you know that…
While property owners have a legal responsibility to keep their property reasonably safe, they are not responsible for every accident that happens. For example, accidents caused by natural disasters without any negligence by the property owner might not lead to liability.
To have a valid claim, you must be able to prove all of the elements of negligence.
Types of Visitors
Not all visitors are considered the same legally.
The status of the visitor at the time of an accident affects what legal duties the property owner has. There are typically three categories of visitors.
- Invitees are people like store customers and other business visitors. Invitees are owed the highest standard of care.
- Licensees are people who have permission to be on the property, such as social guests. Property owners have a duty to warn licensees of known dangers.
- Trespassers are people on the property without any right to be there. Property owners don’t owe trespassers a duty of care except not to willfully harm them.
Where a person falls into one of these categories is significant in determining whether they have a legal right to recovery and what amount they may be entitled to.
You should know that…
Invitees must prove a property owner breached their duty of care by not keeping the premises reasonably safe. A property owner may not be held liable if the invitee can’t show this breach.
A failure to exercise reasonable care for people coming onto your land could be grounds for premises liability.
Steps To Take After a Slip and Fall Accident
What you do in the moments and days after your accident can determine the success of your claim.
Immediate reactions include tending to pain and seeking medical help, which are important priorities. Taking a few additional steps can help to preserve your legal rights.
Here’s what you should do in the event of a slip and fall accident…
- Report the incident to the property owner or manager. They should create an official incident report.
- Document the incident, with photos of where you fell, the cause, and any injuries.
- Get medical attention, even if you don’t think you’re injured, some things might not show symptoms immediately.
- Preserve evidence by holding onto the clothes and shoes you were wearing and not letting anyone clean the area.
- Don’t give detailed statements. Be polite, but wait until you speak with an attorney to make a full statement.
Expect the property owner’s insurance company to contact you very soon after your accident. Don’t expect their call to be because they want to do the right thing for you. They’re more concerned with limiting their payout.
You should know that…
Insurance adjusters are trained negotiators who likely will not offer you a settlement that is in your best interests.
Don’t assume someone else will take care of your rights. Documenting and preserving evidence is always critical after an accident.
Insurance companies are not your friends and are often predatory.
Possible Damages You May Recover in a Slip and Fall Accident
Slip and fall accidents can lead to substantial compensation for a wide range of damages.
The amount of any recovery depends on factors like the severity of your injuries, the impact of the accident on your life, and your ability to prove your case.
You may be entitled to compensation for…
- Medical costs including emergency treatment, physical therapy, and any ongoing care
- Lost income and reduced earning potential if you’ve had to take time off work
- Pain and suffering
- Emotional distress
- Damage to personal property
Research finds that 85% of workers’ compensation claims for falls end up being a result of slipping.
Here’s what you need to know about damages…
Insurance companies know that people often do not fully understand their rights and may offer to settle a claim for less than it may be worth in an attempt to close a claim quickly.
Do You Need to Contact an Attorney
Not all slip and fall accidents require legal help.
You may need an attorney if your injuries are serious or prolonged, medical bills are significant, and there is lost income. The other side’s position can also affect whether you need a lawyer.
Contact an attorney if…
- The injuries suffered from your slip and fall accident are severe or long-lasting
- Medical bills are high and mounting
- You have lost a lot of work time or can’t return to work
- The property owner is denying responsibility
- Insurance companies are pressuring you for a fast settlement
An experienced premises liability attorney will know how to evaluate your case, negotiate with insurance companies, and ensure you fully understand your legal options.
Wrapping Up
Slip and fall accidents are not always as innocent as they appear.
Property owners are responsible for preventing accidents and maintaining safe conditions. The law allows for remedies when this duty is breached and someone is injured.
The most important step you can take in the event of a slip and fall accident is to be aware of your legal rights and duties and act to protect them. Remember to document and preserve evidence and seek legal guidance. Never let insurance companies bully you into settling for less than what you deserve.
Your injuries and rights are real. Be sure you receive real compensation too.
