Slip and fall accidents can happen anyplace, including in shopping centers, office buildings and even in private homes. When you have taken a fall and suffered an injury because another person did not exercise reasonable care, you may need to speak with a personal injury lawyer to determine what your rights are and to establish whether you may be compensated for your injuries.
What Does Reasonable Care Mean?
When you enter someone else’s property, you have the right to anticipate that the facility is free from hazards. In order for a store owner to be liable for injuries suffered in a store, the victim must be able to prove the owner of the store had reason either to know about the hazard or to anticipate the hazard. For example, if a shopper knocked a bottle of juice off a shelf and you immediately fell because you were in the same aisle, the store owner may not be liable for your injuries. Simply put, there was no reason for the owner to know about or to anticipate the hazard. However, if there is a puddle of water on the floor in the freezer section that keeps cropping up because a freezer is malfunctioning and the store owner has not put up a warning sign, the owner may be liable if you fall.
Premises Liability Law Is Complicated
One reason victims of slip and fall accidents should contact a personal injury lawyer is because the laws regarding premises liability can be complicated. Under Maine law, 14 MRSA §159, property owners have a duty of care toward people invited onto the property for social reasons or for business reasons. However, the injured person has the burden of proving both the existence of the unsafe condition and that the owner knew or should have known of the unsafe condition. In some instances, it may also be necessary to prove whether the hazard was temporary or permanent. Your personal injury lawyer needs to conduct a thorough investigation.
I hired Anthony Ferguson as my lawyer for a slip and fall case he got the case settled out of court I am very happy with the results Anthony Ferguson is a really good lawyer he will listen to what you have to say he will explain your case to you in words that you can understand his staff is always pleasant and respectful I have delt with many lawyers over the years however Anthony Ferguson is the only lawyer that I feel comfortable to refer my friends and family to at Fales & Fales your not a number your a person if your looking for a lawyer I highly recommend Anthony Ferguson. – Lena T.
Injuries sustained in any type of accident can be devastating physically, but the financial toll can be significant, too. When we work with our clients on a personal injury case, we do everything possible to ensure they are made financially whole after an injury. This includes seeking compensation for hospital and surgical bills, rehabilitation therapy, tests such as x-rays and CAT scans, prescription pain medication as well as wages lost as a result of the injury.
Common Causes of Slip-and-Fall Accidents
Many slip-and-fall accidents happen due to dangerous conditions on a property. People may slip and fall because of environmental factors such as:
- Snow or ice accumulation
- Spills that have not been cleaned up
- Obstructions in walkways
- Uneven flooring or lack of transitions between flooring types
- Cracked pavement or potholes
- Loose or missing handrails or steps
- Insufficient lighting
When property owners fail to maintain their properties in a safe condition, visitors can suffer various types of injuries.
Common Slip-and-Fall Accident Injuries
The type and severity of an injury that a slip-and-fall accident victim may experience depends on various factors, including the height from which they fall, the cause of the fall, their age, and their overall health. Common slip and fall injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Wrist and ankle sprains
- Dislocated shoulders
- Broken bones, especially hips, pelvic bones, arms, and legs
- Soft tissue damage
- Knee damage, torn ligaments, and dislocations
If you have suffered any of these injuries, seek immediate medical treatment. Then, contact an experienced slip-and-fall attorney for help. Your medical expenses could be significant, and you should not be responsible for paying when someone else negligently caused your injuries.
Compensation Accident Victims Can Recover After a Slip and Fall
Personal injury victims may be able to recover financial compensation for the economic and non-economic damages they sustain due to the fall. Economic damages include costs directly tied to the accident, such as:
- Past, current, and future medical expenses
- Lost wages and reduced earning capacity
- Personal property that was damaged in the accident
Non-economic damages compensate you for the intangible losses you suffered because of the fall, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
An experienced attorney can evaluate your claim and explain the damages you may be entitled to.
Why Hiring an Attorney Is a Good Idea
It is important that you are represented fairly when you are injured on someone else’s property. Too often, the property owner’s insurance company will offer a settlement that is well below the amount of compensation to which you may actually be entitled. Victims often settle for these lower amounts because they believe it is too expensive to hire an attorney. This is simply not the case.
Proving negligence for injuries is not easy. For example, if you slipped on orange juice spilled on the floor at a supermarket, you may or may not be able to collect damages from the store. It is not enough just to prove that you fell. You also have to prove that the person in control of the premises was negligent. In other words, you must prove facts such as whether the owner:
- Knew the orange juice had been spilled on the floor
- Had time to clean up the spill before you slipped on it
- Negligently left the spill on the floor without promptly cleaning it up
- Had time to warn you of the danger but failed to do so
You must also anticipate that the store owner or manager may claim that you yourself were negligent by stepping into the orange juice puddle in the first place. Partial negligence on the part of the injured party can sometimes bar recovery. It can sometimes result in reduced damages. The facts and circumstances of each slip and fall need to be fully investigated.
Why Hire Fales & Fales
A slip and fall attorney knows the intricacies of the law and how to prove your case. Damages can extend to losses beyond just medical expenses and lost wages. In some cases, multiple parties may be responsible including separate entities responsible for maintaining the property. An experienced attorney will know how to investigate your case to help you recover the compensation to which you are legally entitled.
At Fales & Fales, P.A., we provide every client with a free consultation on personal injury cases, and we charge nothing unless we recover compensation for you. We take the steps necessary to prepare your case including advancing necessary expenses to investigate and to file your case.
If we win a settlement on your behalf, we are paid from the proceeds, but if we are unsuccessful, you owe us nothing. If you or someone you love was injured in a slip and fall accident while on someone else’s property, call us today at (888) 526-9408.
What Is My Slip and Fall Claim Worth?
The value of your slip-and-fall case depends on many factors. The value of the losses you can document will significantly impact your potential recovery. Also, the nature and severity of your injury impacts your claim’s value. Generally, the more severe your injury, the more compensation you may be entitled to.
Other factors that can affect your claim’s value include the following:
- Whether liability is in dispute
- Who is responsible for your injuries and their insurance coverage
- The extent of your medical treatment and your prognosis
- How the accident has affected your life
- Whether your conduct contributed to the cause of the fall
Our personal injury lawyers can carefully evaluate your claim.
What If I Was Partially at Fault for the Accident?
Some slip-and-fall accident victims fail to file a personal injury claim because they assume they can’t recover financial compensation if they were partially at fault. Or, they may believe insurance companies that claim they were at fault and ineligible for compensation.
However, Maine personal injury laws allow accident victims to recover compensation as long as they were not 50% or more at fault for the accident. Compensation may be reduced if the victim is partially at fault. Insurance companies sometimes use these laws to try to push the victim’s liability determination over the 50% threshold. An experienced attorney can protect you from unfounded allegations of fault.
What Is the Deadline to File a Personal Injury Lawsuit in Maine?
Maine has a very generous statute of limitations for personal injury cases. Accident victims have up to six years from the date of the accident to file a lawsuit against the party responsible for their injuries.
However, you should not wait until this deadline is close before seeking legal advise. The sooner you contact an experienced slip-and-fall attorney, the sooner you might recover compensation for your injuries. Additionally, your personal injury lawyer will want to preserve evidence such as surveillance footage before it is lost or destroyed.
Some cases have a much shorter time limit, such as claims against governmental entities if you fell on public property. Safeguard your rights by contacting a slip-and-fall lawyer immediately.
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Can a personal injury lawyer help with a brain injury after a slip and fall accident?
