Most of us at one time have had a slip-and-fall incident. Whether misjudging a step or stepping on an untied shoelace, it’s fair to say we’ve all had our share of harmless tumbles. Fortunately, we often end up with a slight bruise and a little embarrassment due to our clumsiness. However, there are times when someone else is to blame, and that fall causes us to have more than a damaged ego. What rights do you have when that fall isn’t your fault?
If you’ve had a nasty fall and sustained injury, a Michigan personal injury attorney may be able to help. Some slip-and-fall cases can be challenging. Hire an attorney with the experience and savvy to fight for your right to be compensated.
Common Causes of Slip and Fall Accidents
Slip and fall accidents fall into two categories. There are the types of no one’s fault but yours, and then there are the ones caused by a person or an entity’s careless act. When in a public place or on private property that you’ve been invited to, we are afforded the right that reasonable steps have been taken to ensure that the premises are safe from hazards. In Michigan, this is known as premises liability.
If, while walking around in your local shopping mall with both eyes firmly planted on your phone, you slip and fall down a flight of stairs, no one is liable for your injuries but you. Distracted walking isn’t covered under slip and fall laws. However, if you tripped on an object that wasn’t supposed to be there and it caused you to tumble down those stairs, that’s a hazardous situation and cause a lawsuit.
To protect yourself and your rights, here’s a look at some slip and fall hazards that could be grounds for a personal injury slip and fall lawsuit.
- Wet floors
- Recently waxed floors
- Loose or torn carpet
- Loose tiles or floorboards
- Potholes or cracked cement
- Uneven surfaces caused by neglect
- Food or liquid spills
- Snow or ice on public walkways
- Missing or loose handrails
- Inadequate lighting
- Tripping hazards such as extension cords
How To Protect Your Rights if You’ve Been Injured in a Slip and Fall Incident
Suppose you’ve fallen because of a hazard on property that you were legally allowed on, and you suffered injuries. In that case, you can seek compensation for damages by filing a personal injury lawsuit. You’ll have the burden of proving that a property owner, employee, or entity caused your accident. This means proving liability. With the help of a personal injury attorney, you’ll need to prove the following:
- The property owner, employee, or entity had a duty of care to provide a hazard-free environment.
- They breached the duty of care (negligence).
- You sustained injuries due to their negligence.
- Your injuries have caused damages (economic and non-economic).
Hire a Lawyer
No matter how cut and dry you may think your case is, slip-and-fall lawsuits should never be attempted without first working with an experienced personal injury attorney. One of the challenges for slip and fall lawsuits, especially in a public place such as shopping malls or retail stores, is determining who the at-fault party is. Attempting to file without legal guidance could prove to be an exercise in frustration.
Gather Evidence
To prove your case, your legal team will help you gather evidence to support your negligence claims, injuries, and damages. What may seem like a simple process to the layperson is a time-consuming task. The stronger your evidence is, the stronger your case will be. Typical evidence for a slip and fall case includes:
- Business accident reports
- Eyewitness statements
- Photos of the scene of the accident
- Medical records
- Medical bills
Once the evidence has been gathered, your lawyer will notify the defendant or defendants of your intention to file a personal injury lawsuit. That will initiate the case’s discovery phase, where both legal teams get together to share evidence. Fortunately, many slip-and-fall lawsuits are settled during this time. Personal injury trials can be lengthy and costly. It’s to both teams’ benefit to settle without needing a judge and a jury.
Slip and Fall Hazards: The Bottom Line
Accidents happen, but when they’re due to a negligent act that causes you to fall and sustain injuries, you have the right to seek compensation. Once you’ve tended to your immediate medical treatment, find yourself a personal injury attorney with experience with slip and fall cases. Under their guidance, you can seek compensation for your damages. Don’t hesitate; seek accountability for your fall.