“Litigation is the pursuit of practical ends, not a game of chess.”
Supreme Court Justice Felix Frankfurter
Indianapolis v. Chase Nation Bank
Slip and Fall Accidents Do Happen
Stores, parking lots, airports… many public places will experience a patron accident at some point. Where there are people, there will be accidents. It is a law of nature. It is also a law of nature for the injured to seek justice if it is the fault of the property owners for not taking better steps to prevent hazardous conditions.
Slip and fall accidents are prevalent in areas where there are liquids, grease or food, and on older or much-used premises where there has not been adequate up-keep. Many accidents occur on sidewalks, parks and the like where negligence leaves a manhole cover off a hole or maintenance is lacking. Slip and fall cases, like premises liability cases, target the liability of a premises owner or the agent employee for not being more responsible in premises maintenance and upkeep.
The Store Owner is Refusing to Pay Medical Expenses – Now What?
If you experience an accident while on the premises of another, the main legal question will be, “Whose fault is it?” In order to find an owner of premises liable for your fall, the owner must have taken reasonable care to protect you from dangerous conditions that were known or reasonably discoverable.
Basically, the owner would have to be on notice (actually knew or should have known) that there was a problem. For example, in a store with a spill, if an injured person can show that (1) the owner placed the substance on the floor, (2) the owner actually knew that the substance was on the floor, or (3) it is more likely than not that the condition existed long enough to give the premises owner a reasonable opportunity to discover it, then the person will likely win in court.
If you have fallen and injured yourself while on the property of another as an invitee, then you must find a competent lawyer immediately who will protect your interests. If not fully addressed from a legal standpoint in a timely manner your costs could escalate as time goes on. Finding someone who knows how to handle insurance companies and their lawyers, and what to address medically and legally will not only improve your chances of a fair settlement, but it may also protect you from long-term or latent health problems.
Statute of Limitations and Money Damages for Slip and Falls
The cause of action, or lawsuit, for a slip and fall or premises liability case must take place within two years of the date of injury.
Financial recovery can include present and future medical bills. Other potential areas of compensation, depending on the facts of the situation, are mental pain and suffering damages, lost past and future wages and permanent impairment/disfigurement.
Finding the right lawyer is the key to your being able to recover compensation for your injuries so that this one accident does not determine your financial or medical status for years to come.