One of the most common forms of premise liability lawsuits are slip and fall cases. These types of lawsuits can emerge from almost any setting. As the National Safety Council reports, nearly 10 million emergency room visits per year involve slip and fall cases.
Though the name might sound somewhat harmless, a slip and fall can result in broken bones, damaged ligaments, concussions, and many other injuries that may have long-lasting consequences. These often require expensive medical bills, time off of work, and physical rehabilitation before life for the victim returns to normal. Given the frequency and severity of these cases, many people are concerned about what exactly constitutes a slip and fall case.
What Should I Do If I Have Fallen?
After sustaining a fall, the first priority should be to seek medical help. Slip and fall cases are well known for causing serious injury that can only get worse if ignored. Health and well-being should always come first.
It is incredibly important, however, to seek the counsel of an attorney afterward. This ideally should happen before speaking to any representatives of insurance companies and the property owners.
Slip and fall cases are often intricate matters and can fall apart very easily if an honest mistake happens while reporting the incident to an insurance company. Many insurance companies will even attempt to frame a kind of “open and obvious” practice in order to demonstrate that the accident was really the fault of the victim and not a result of negligence on behalf of the property owner.
Is My Case Considered a “Slip and Fall?”
The name “slip and fall” can be somewhat vague for most. It is not incredibly specific and can cause many victims to be confused about whether or not their case even constitutes a slip and fall.
In all slip and fall cases, the defendant must be an invitee, licensee or a trespasser. The classification will often determine the outcome of the case.
Those whom the property owner invited to the premises are invitees. This term applies to guests in a place of business, customers, babysitters, or servants. Invitees typically benefit the most from slip and fall cases since they trusted their safety with the property owner.
People that enter a property for their own interests, such as independent contractors, are licensees. Slip and fall cases in which plaintiffs are licensees are somewhat harder to win.
Trespassers, those who have no right to be present on the property, often face an uphill battle in slip and fall cases. While it is possible for a trespasser to receive compensation for a fall, it requires significantly greater evidence.
What Will I Receive from a Slip and Fall Case?
No two injury cases are exactly alike, so compensation often varies. Depending on the circumstances, victims can typically expect to receive compensation for medical bills and physical rehabilitation. Damages to cover time off of work are also common in successful slip and fall cases.
If you recently slipped and fell on someone else’s property and are searching for a New Braunfels personal injury attorney, consider contacting The Bettersworth Law Firm about your case. Call us at 830-443-9193.