According to the National Floor Safety Institute, injuries sustained from slips and falls account for more than 1 million emergency room visits a year in the United States. A case for personal injury compensation may arise if an individual slips or trips, falls and injures himself on the premises of a property owner due to the negligence of the latter in maintaining the premises and keeping it safe.
So, if a storekeeper neglected to repair a cracked floor or the housekeeping staff did not wipe up a spill and it resulted in a slip and fall accident, then the victim would be entitled to pursue compensation via a premises liability claim. The claim may recover damages related to medical bills, time away from work (lost wages), physical therapy if necessary, and other costs or expenses related to the accident.
Types of Slip and fall Incidents
There are a few types of slip and fall incidents. A person may lose traction while walking, then slip and ultimately fall to the ground. This is a typical slip and fall incident. A person may stumble over an obstruction or a foreign object on the walking surface and fall as a result. Another type of incident is when some defect in the walking surface, like a hole or a crack, causes an individual walking on it to lose balance and fall down.
All the aforementioned incidents may give rise to premise liability claims if they can be proved to have been caused by the negligence of the premise owner and/or manager. For instance, an Algonquin store owner may be held responsible for not maintaining the premises a cracked piece of flooring causes a fall and subsequent injury.
Again, the storeowner can be held responsible if he or she fails to ensure that a spill on the floor has not been wiped up or a wet portion of the floor is not properly indicated (typically via a sign around the spill or hazard) and this negligence ultimately causes a slip and fall accident.
The Challenges of Proving Slip and Fall Accidents in a Store
Slip and fall accidents can be difficult to prove in court, and some victims might find it difficult to recover compensation for the incident. But with the proper evidence and case management, the victim may recover fair compensation for damages suffered as a result of the accident.
The victim must prove that the store owner knew or should have reasonably known about any hazard within the premises that caused the accident and had the time or the opportunity to remove the hazard or warn a visitor of it. The victim also must prove in court that he or she was not responsible for the accident.
This may require testimony from the victim and witnesses in the store who saw the accident. Video surveillance from the store may be used to demonstrate the cause of the accident and whether the store acted negligently. Medical records can help establish injuries related to the accident.
Given the above challenges of proving premises liability, many victims choose to ask the advice of a personal injury attorney who can assist with evidence collection and case building.
Legal Help for Slip and Fall Victims in Algonquin
Franks & Rechenberg, P.C. has been dealing with injury cases for more than 20 years. Our attorneys have helped their clients receive the compensation they deserve for their physical and/or emotional trauma by negotiating settlements or winning cases in court. If you need legal help for a slip and fall claim, call us at (847) 854-7700.