Slip and Fall cases are a modality of Premise Liability. The owners/managers of the property must make reasonable inspections of the premises, take reasonable steps to make invitees safe, and warn their invitees of any dangers that are not obvious. These dangers may include water puddles on the floor of a grocery store, fallen produce on the floor, or even oil spilled in the parking lot at a gas station. Any business which fails to warn its customers of these dangers or neglects to provide guidance on how to avoid them may be opening itself up to liability.
The court will also consider whether there was signage warning of potential dangers, such as a “Wet Floor”, “Uneven Ground”, or ongoing “Construction/Remodeling” caution signs.
If you were injured after falling on someone else’s property, let us help you. At Carey Leisure Carney, we’ve been litigating personal injury cases since 1984. All of our attorneys are Board Certified experts recognized as such within the legal industry. When you become our client, we are available for you 24/7.
Contact us at (727) 799-3900 for a free no-obligation consultation and case evaluation.
Establishing Your Slip & Fall Case
If you have been the victim of a slip or trip and fall accident, you will have to present a prima facie case for negligence with the court to be compensated for your injuries. In order to do so, your legal team will need to prove the four elements of negligence: duty, breach, causation, and damages.
Common Damages in a Slip or Trip & Fall Case
Once the other elements of negligence have been proven, you will be entitled to make a claim for compensation. Your attorney will pursue any available damages in order to maximize your claim, potentially including economic and non-economic damages.
Economic Damages can include:
- Medical bills
- Lost wages
- Physical therapy or other rehabilitation expenses
Non-economic Damages can include:
- Pain and suffering
- Loss of consortium
- Emotional trauma
While punitive damages are not rewarded as often, if it can be proven that the property owner acted with reckless disregard for the safety of their customers, these damages may be applicable. This must be determined on a case-by-case basis, and your attorney can advise you if it is appropriate to request punitive damages from the court.
Other Factors to Consider:
There are several factors that come into play in a slip and fall case. These include:
- Was the fall foreseeable?
- Is there anything the property owner could have done to prevent the fall?
- How long was the floor wet or slippery?
- Did the store have an employee performing rounds to ensure the premises was safe for visitors?
- Was the injured person in an area that is off-limits to guests?
How Carey Leisure Carney Can Help In Slip & Fall Cases
If you have been injured after slipping or tripping and falling on someone else’s property due to a hazardous condition, call the Law Offices of Carey Leisure Carney for a free consult today. Our attorneys have been litigating premises liability cases since our founding in 1984. With over 100+ years of combined experience between our attorneys, you will be in good hands.