Trip and fall accidents are common and often result in serious injuries. When these accidents occur due to the negligence, carelessness, or recklessness of others, victims may be entitled to seek compensation. Typical locations where trip and fall accidents happen include ramps, doorways, uneven surfaces, areas with heavy foot traffic, stairways, unstable work surfaces, unguarded heights, and outdoor spaces made slippery by ice, snow, or rain.
Each year, hundreds of thousands of people in the United States suffer serious injuries from trip and fall accidents. Unfortunately, these incidents can be fatal; nearly 40 people, many of them elderly, die each day due to slip and fall accidents. Despite the frequency of these accidents, only a small number of trip and fall claims and lawsuits are ever filed and resolved. Of those, only a few cases that go before a judge and jury result in a successful outcome for the victim. This is often because trip and fall cases can be more challenging than they initially seem.
Proving Your Case
To win a premises liability lawsuit or negotiate a fair settlement, victims must demonstrate that the actions or inactions of others directly caused their injuries. However, those who have suffered serious injuries in a trip and fall accident may struggle to prove that they had no reasonable means to avoid the situation, even if they were attentive to their surroundings.
Furthermore, the victim must show that the property owner or responsible party had reasonable knowledge of the hazardous condition that led to the accident. There must be evidence that the responsible parties had enough time to address the danger but failed to take appropriate action to fix it.
Common Premises Liability Cases
Many trip and fall accidents can lead to premises liability claims or lawsuits, especially when the individuals responsible for maintaining a safe environment fail to:
- Warn others of wet or slippery surfaces by using barricades or clear signage.
- Correct dangerous conditions on stairways or walkways.
- Properly maintain equipment and machinery that could cause injury.
- Provide adequate security to ensure safety in hazardous areas.
- Maintain a safe environment in retail or public spaces to prevent injuries.
If a trip and fall accident occurs on government property or in a public park, state or federal agencies might be held liable for the injuries or fatalities. However, filing claims or lawsuits against government entities can be complicated and often requires the expertise of an experienced personal injury lawyer specializing in premises liability.
Resolving Your Case
Trip and fall cases are complex and can be difficult to resolve. To ensure you receive fair compensation for your injuries, it is often necessary to enlist the help of a skilled premises liability attorney. Your Plymouth lawyer will work to demonstrate that the actions of those at fault were unreasonable and that the hazardous condition leading to your accident was not obvious to you. They will show how the failure to repair the issue was due to negligence or carelessness. To build a strong case, your attorney will:
- Collect relevant evidence.
- Interview eyewitnesses.
- Engage investigators and experts to provide testimony regarding the hazardous conditions and the extent of your injuries.
- File all necessary documents within the required timeframes.
Most importantly, your lawyer will prove that you did not and could not have caused the accident on your own. They will show that you were not distracted at the time of the incident and had a legitimate reason to be in the area where the accident occurred. Your attorney will also demonstrate that there were no clear warning signs or barricades to prevent accidents.
After building a solid case for compensation, your lawyer will use their negotiation skills to seek an out-of-court settlement with the claims adjuster or opposing counsel. If the settlement offer is insufficient, your attorney will be prepared to take the case to trial to pursue the compensation you deserve.
