Slip-and-fall and trip-and-fall accidents are a common source of injury, especially for our older population. When property owners, such as grocery store owners, restaurant owners and retail store owners, fail to ensure that their property is safe for those they invite in and an injury occurs, those property owners need to compensate anyone who was injured due to that failure.
Slip-and-fall cases can be divided into several categories: foreign substance cases (involving nonstructural defects, such as water on the floor), static defect cases (generally involving structural defects, such as cracks in the pavement of a parking lot) and ramp cases. Typically, I see slip and falls involving spilled liquids, produce on the floor, broken pavement in a parking lot, or unsecured rugs or mats in an entrance or exit.
While anyone can be the victim of a slip-and-fall or trip-and-fall accident, the reality is that the majority of those injured in these types of incidents are seniors. Due to diminished dexterity, older people may be more likely to experience an injury from a fall, and the use of a cane or walker can leave a person more vulnerable to slippery or uneven floors.
In order to recover for injuries sustained in a slip and fall action, a plaintiff must show (1) that the defendant had actual or constructive knowledge of the hazard, and (2) that the plaintiff lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the defendant. One of the most important things you can do after a slip and fall accident is to properly preserve evidence, so that you can prove prong (1) above. I always send a “spoliation letter” after being hired by a slip and fall client. A spoliation letter will ensure that the property owner preserves any evidence, in particular, video evidence.
If you have been injured in a slip-and-fall or trip-and-fall accident, I can help you fight for the compensation you need to aid in recovery. To schedule a free initial consultation, call 706-356-0518 or contact my office online.
I take these cases on a contingent-fee basis. I only collect attorney’s fees after successfully completing your case.