Slip-And-Fall Injury Because Of Unsafe Property?
Slip-and-fall accidents can result in severe injuries that impact victims’ lives in many ways. Somebody who suffers a broken bone, traumatic brain injury, spinal injury or another injury from an accident caused by another party’s negligence should not have to pay the financial price as well as the physical price.
In these circumstances, you may be able to file a premises liability claim against the property owner or business establishment and recover some financial compensation for your losses.
The Bendell Law Firm, PLLC, is experienced in protecting the rights of slip-and-fall injury victims in Post Fall, Coeur d’Alene and surrounding North Idaho. We will not quit until you get the compensation you deserve.
Common Causes Of Slip-And-Fall Injuries
Whether a home or a business, property owners have a duty of care to their visitors. However, this duty is often overlooked, resulting in a variety of slip-and-fall accidents.
The following are the most common causes of slip-and-fall injuries in Idaho:
- Wet floors from leaks, spills or cleaning
- Snowy or icy walkways
- Broken pavements
- Uneven or loose floors
- Elevator and escalator accidents
- Poor lighting in stairwells
- Broken stairs or handrails
- Potholes
- Cluttered floors
Can I File A Lawsuit For A Slip-And-Fall Injury?
The property owner is not always culpable for slip-and-fall injuries that occur on their properties. It depends on the actions that were taken (or not taken) to remedy a dangerous condition.
If the property owner failed in his/her duty of care (i.e., acted negligently), an experienced slip-and-fall injury attorney may be able to assist you in filing a lawsuit after an initial consultation to determine what happened.
Provided your injuries occurred within the last two years and you are deemed to be less than 50% at fault for the accident, you may be able to recover compensation.
Please note that any personal injury suit against governmental agencies must be preceded by a “Notice of Tort Claim” filed within 180 days of the injury.
In Idaho, the modified comparative fault system means that shared fault for slip-and-fall accidents is relatively common.
Even if the property owner is only partly at fault for your injuries and you share some of the blame (because your footwear was substandard, for instance), you may still be able to file a claim for damages. Bear in mind that the amount you are awarded will be reduced by the corresponding amount of your fault.
Who Can Be Held Liable For A Slip-And-Fall Accident?
Typically, the following parties may be held responsible in a slip-and-fall case in Idaho:
- Property owner or occupant
- Property manager
- Business owner
- Landowner
- Government entity (city, county or state)
To receive fair compensation, you will likely need to prove that one of these parties acted negligently and that the negligent action caused your injury and damages.
How Do I Prove Negligence In A Slip-And-Fall Case?
Negligence is the failure of a person or entity to act with an appropriate level of care that someone under the same circumstances would exercise.
Proving negligence in slip-and-fall cases is not as simple as it sounds. A slip-and-fall injury attorney well acquainted with Idaho personal injury law may be required to successfully hold property owners accountable for an accident.
To prove negligence, you’ll need to navigate the following steps after suffering a slip-and-fall injury:
- Seek immediate medical attention: Ensure that your injuries are documented as soon as possible after the accident. Remember, some injuries don’t show symptoms until later, so seek a medical checkup even if you’re not sure whether you’re injured.
- Gather evidence at the scene: Try to take photos or video of the area where you fell, including any hazards that may have contributed to your slip-and-fall accident. Get the contact details of any witnesses, and if your accident occurred in a public place (e.g., a restaurant or store), ask the manager on duty for a copy of the incident report.
- Speak to a slip-and-fall injury attorney: If you’re represented by an attorney, an investigation will be launched and the evidence-gathering taken further, such as obtaining maintenance logs and seeking the advice of experts. This will help you build a stronger case against the negligent party. Your lawyer will also help you navigate the legal process and negotiate with the insurance company of the at-fault party.
Your slip-and-fall attorney will first submit a demand letter detailing the accident and the resultant injuries and damages and demanding compensation.
Most slip-and-fall cases in Idaho are settled out of court after some negotiation, but your attorney should be prepared to litigate if fair compensation is not forthcoming. Liability is often denied in slip-and-fall cases – and insurance companies often try to shift part or all of the fault onto the injured party.
It’s important to consult with an experienced slip-and-fall attorney early on to devise a strategy.
What Damages Can I Recover In A Slip-And-Fall Injury Claim?
Typically, personal injury victims in Idaho can recover a variety of economic and noneconomic damages.
The potential economic damages include:
- Medical expenses related to the accident (past, present and future)
- Costs of rehabilitation/medical devices/prescription medication
- Lost wages (present and future)
- Transportation costs
- The costs of hiring a home help
- Any other out-of-pocket expenses
In some cases, victims can also receive the following noneconomic damages:
- Physical pain and anguish
- Emotional suffering
- Disability damages
- Loss of quality of life
Punitive damages are rare, but if the case goes to trial and the judge wants to punish particularly reckless or egregious behavior from a property owner, punitive damages may be ordered as a deterrent.
For a clearer idea of how much compensation you may be able to claim, call The Bendell Law Firm, PLLC, at 208-981-0555 for a free initial 15-minute consultation.
Once you explain your situation, we will inform you of your legal options so that you can take the steps necessary to receive fair compensation for your injuries.