Yes, in certain circumstances, your conduct can prevent you from having a valid slip and fall case. In a slip and fall accident case, the other side could scrutinize your conduct. If you caused or contributed to your own accident, you might not be able to claim much or any compensation. Some ways in which your behavior could potentially prevent you from receiving compensation for your damages could be:
- The accident happened while you trespassed on private property.
- You slipped and fell due to being intoxicated.
- You noticed a dangerous or hazardous situation but did not avoid it.
- You wore inappropriate or ill-fitting footwear.
There could be other incidents in which you are partially or wholly responsible for your accident. It is important to note that having an accident on someone else’s property does not mean you have a slip and fall case. You will need to prove that a property owner’s carelessness or negligence is responsible for your accident and injuries.
Slip and Fall Cases
A slip and fall accident is a premises liability case. The term “slip and fall” typically describes a personal injury case in which someone falls and suffers injuries due to a hazard on someone else’s property.
Causes of Slip and Fall Accidents
While there are many reasons for slip and fall accidents, some of the more common causes are:
- Wet or slippery floors
- Uneven or broken steps
- Missing handrails
- Potholes in sidewalks
- Lack of adequate lighting
- Uneven carpeting
- Broken flooring
While we have probably all experienced a slip and fall, not all accidents are a premises liability case. To have a case, you will need to prove the property owner owed you a duty of care, that they breached that duty, and that you have injuries and damages as a result of that breach.
A property owner can be negligent in the following ways:
- They knew a hazardous condition existed on their property but took no timely action to remove or fix the hazard.
- They created the dangerous condition.
- The hazardous condition existed for some time, and the property owner should have known about it and corrected it.
Whether your accident happened on commercial property, government property, or residential and private property, several liable parties could be liable. This, and the fact that slip and fall cases can be tricky to prove, can make a case challenging to litigate. However, a slip and fall lawyer can help you navigate the legal aspects of a slip and fall case.
Injuries in Slip and Fall Cases
Injuries suffered in slip and fall cases can potentially have a disastrous effect on a victim’s health and quality of life. In fact, the Mayo Clinic states that falls are a leading cause of injury among older adults.
Some of the more serious injuries from falls, such as head injuries or hip fractures, can take years to heal and may cause long-term pain and suffering for a victim. According to the National Floor Safety Institute (NFSI), 22% of slip/fall incidents resulted in more than 31 days away from work. Injuries may not only be painful, but they can also be costly due to medical bills and time missed from work.
Injuries in slip and fall cases can include:
- Head and brain injuries
- Back and spinal cord injuries
- Pelvic fractures
- Sprains and dislocations
If you suffered injuries in a slip and fall, getting timely medical attention is crucial not only for your health but also for your potential slip and fall case. A medical report will be important evidence of your injuries, medical treatments, and medical bills.
Compensation You Could Recover
If you can prove a negligent property owner is responsible for your accident, you could recover compensation for your resulting injuries and any pain and suffering you endured. While compensation will depend on how serious or debilitating your injuries are, there could be several types of compensation available to you including economic and noneconomic damages, such as
- Costs of all past, present, and future medical treatment
- Lost wages and future lost wages
- Medical devices and accessories
- Pharmaceutical needs
- A home health aide
- Awards for physical and emotional pain and anguish
Contact Us About Your Slip and Fall Case Today
You do not have to struggle with a complicated slip and fall lawsuit on your own. We are here to help you assess your legal options and next steps with your slip and fall case. We can answer your questions, including whether your conduct can prevent your slip and fall case.
Ben Crump Law, PLLC, can help you with your personal injury lawsuit, including researching your case comprehensively, assessing your damages and future damages, and representing you in court. Call us now at 800-959-1444 for your free, no-obligation consultation with a team member.