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How do you know if you have a slip and fall case? Let’s answer a few important questions:
What is a Slip and Fall (or Trip and Fall) Accident?
A “slip and fall” accident is what it sounds like: An accident that occurs when a person slips (or trips), falls, and sustains an injury. Slip and falls usually happen on someone else’s property (or “premises”) and are the result of hazardous or unsafe conditions.
Slip and falls are commonly caused by conditions like these:
- Wet or slippery floors with no caution sign
- Icy or snowy conditions
- Loose or broken stair treads or railings
- Uneven or damaged flooring
Slip and falls can occur at another person’s home, a rental property, or a business. These accidents fall under the umbrella of personal injury.
What qualifies as a slip and fall case?
Of course, the fact that you fell or were injured does not necessarily mean you can make a personal injury claim.
To qualify as a slip and fall case and ensure that the property owner is held liable for your injuries, you’ll have to prove at least one of these conditions:
- The property owner caused the hazardous condition.
- The property owner knew about the dangerous condition and chose to ignore it or failed to warn others.
- The property owner should reasonably have known about the condition, but they took no action.
In the conditions listed above, the property owner was negligent, meaning that they failed to exercise reasonable care in maintaining their land or building. This negligence is covered under a type of law called “premise liability.”
How much is a slip and fall case worth?
Like any personal injury case, there’s no “one size fits all” formula to determine the worth of a slip and fall case. Several factors may influence the total compensation you receive for your injuries.
These factors included economic losses:
- Severity of physical injuries
- Cost of medical treatment
- Likelihood of future medical treatment or bills (for chronic conditions)
- Lost wages from missing days of work
Non-economic losses are also a factor:
- Pain and suffering related to your injuries
- Loss of ability to perform daily tasks and enjoy life
- Loss of consortium
The worth of a slip and fall case may also depend on whether the property owner took any steps to mitigate the risk to visitors by informing them of danger or blocking off the area.
Invitees, Licensees, and Trespassers
In some states, including Arkansas, the owner’s duty of care differs based on the “status” of the injured person. Was the visitor 1) an invitee, 2) a licensee, or 3) a trespasser? This question can also impact the worth of a slip and fall case.
Owners owe a duty of care to both invitees and licensees. Because licensees enter properties for their own purposes, the duty to them is typically lower.
What if the person who slipped was trespassing?
Owners typically do not owe a duty of care to trespassers, who enter property without permission.
How long does it take to settle a slip and fall case?
If you’ve been injured in a slip and fall accident, we understand that you want to settle your case as quickly as possible. It can take a few months to a few years to settle a slip and fall claim, but your unique case will come with a unique timeline.
The timeline for a slip and fall case depends heavily on a few variables:
- Length of treatment time for injuries
- Disputes with the insurance company
- Progress made in negotiations
- Litigation, if necessary
Your personal injury attorney will work hard to ensure that you receive the full compensation that you deserve as quickly as possible. Once you sign a settlement agreement, though, you can’t pursue the claim again in the future. That’s why it’s important not to cut corners just to save time.
How do I know if I have a case?
By now, it’s probably clear that slip and fall cases are complex. How can you know if your accident qualifies as a “slip and fall” claim?
Start by calling a personal injury attorney who has experience with slip and fall cases. They understand the complex legal and insurance issues and can help determine whether your case has merit. At Taylor King Law, we offer free case consultations for every person who contacts our firm.
If you’ve been injured, don’t wait to ask for help. Each state has a statute of limitations, a law that limits how long you can wait to file a claim after an accident. In Arkansas, for example, that limit is 3 years from the date of the accident.
Questions About Slip and Fall? Call Taylor King Law
Are you dealing with injuries after falling on someone else’s property? Was your fall the result of a dangerous condition? You may have rights to compensation. Taylor King Law can help. We have over 25 years of experience helping personal injury victims get the help they deserve.
Our practice areas include slip and fall injuries, car accidents, truck accidents, motorcycle wrecks, medical malpractice, wrongful death cases, defective products, and more.
Taylor King Law has offices located in Little Rock, Fort Smith, Jonesboro, Springdale, Jackson (MS), Texarkana (TX), and Arkadelphia.
Call 1-800-CAR-WRECK (227-9732) today or Contact us Online to begin your FREE consultation.
