People injure themselves in slip and fall accidents every day. In a slip and fall accident, a person injures themself on another’s property by tripping over something and falling due to the owner’s negligence. These kinds of incidents can cause mild to serious harm, ranging from broken bones to traumatic brain injuries. Sometimes, they can even be fatal. Slip and fall legal claims can be difficult to negotiate or prove without a legal professional’s help and the right evidence.
If you or a loved one recently experienced a slip and fall accident and are in pain, reach out to the Law Office of David E. Gordon. You may feel embarrassed or overwhelmed that you experienced such an accident, but keep in mind that they are fairly common, and you have rights under the law. We care about you getting the legal help you need. When you need a lawyer who can explain the common causes of slip and falls in Bartlett and how they affect your case, look no further.
What To Know About Slip and Fall Accidents
When someone falls due to slipping or tripping on a hazard and sustains harm, they have experienced a slip and fall accident. If someone is injured on another person’s property due to negligence, they can bring a premises liability claim against them. Premises liability cases are a category of personal injury cases that seek to hold property owners responsible for not maintaining their premises to ensure all legal visitors are safe.
Under local law, property owners only owe a duty of care to two categories of visitors:
Invitees
Invitees are people invited on the property for a business purpose, such as a customer in a store, a restaurant patron, or a hotel guest. They have permission to be on the property, so the possessor of the premises must provide them with safe property.
Licensees
Licensees are usually social guests or visitors who are there for personal or private reasons and not for the parties’ mutual benefit. These include friends, family, or acquaintances who are invited onto the property. A property owner must warn guests of dangers that could lead to injury.
No duty of care is owed to a trespasser, someone who does not have authorization to be on the property. Property owners are often not responsible if trespassers are hurt on their property. However, there are certain situations in which a property owner may be held liable for a trespasser’s injuries. Those unsure of their role in a premises liability accident should contact a knowledgeable lawyer in Bartlett to discuss their case.
The Most Common Causes of Slip and Falls
Anyone can be a victim of slip and fall accidents—young, old, healthy, infirmed. There are countless ways that they can happen. Some of the most frequently seen factors to keep an eye out for are:
- Dangerous conditions. That can include wet floors, cluttered walkways, unsecured cords and wires, and uneven surfaces.
- Inclement weather. Snow, sleet, rain, and ice increase the likelihood of someone losing their balance.
- Insufficient lighting. Slip and fall accidents sometimes occur in poorly lit areas.
- Lack of handrails. When someone falls because they did not have handrails or banisters to hold on to, that can be considered a cause of the accident.
- Nursing home neglect. Sadly, many people in nursing homes are left on their own even though they are more likely to have a reduced sense of balance, resulting in them tripping and getting hurt.
These are only some of the many potential causes. Contact David E. Gordon today for a free consultation and discuss the circumstances leading to a specific slip and fall accident in Bartlett.
Holding the Responsible Party Accountable
Injured individuals can pursue compensation through the courts or settlement with insurance companies. Dealing with insurance companies can be stressful for someone to handle without the assistance of a lawyer who is trained to negotiate settlements. Insurance adjusters often will not offer a settlement amount that covers the costs of the injured person’s losses and injuries. A well-practiced attorney can push for economic and non-economic compensation, such as:
- Lost wages
- Mental anguish
- Pain and suffering
- Current and future medical expenses
David is a board-certified lawyer who will not back down when seeking fair compensation for slip and fall accident injuries caused by a Bartlett property owner’s negligence.
To have a successful lawsuit, an attorney must prove that the injured person was owed a duty of care. Slip and fall accident lawsuits revolve around the concept that a property owner owed the injured party a duty of care but violated that duty by negligently failing to safeguard the premises. The burden of proof is on the injured individual in these claims, and they are required to sufficiently show that the defendant caused the incident with their negligence by proving the existence of four factors:
- One, the defendant owed a duty of care to the victim
- Two, the defendant failed to uphold that duty of care
- Third, the victim suffered injuries
- Fourth, those injuries resulted directly from the defendant’s actions or lack of action
An experienced lawyer can help prove a property owner’s negligence in a Bartlett slip and fall case.
Discuss Common Causes of Slip and Falls with a Bartlett Attorney
It can be nerve-wracking to see your medical bills and other costs pile up while you are waiting for a solution. It is best to act quickly and enlist the help of a legal professional to win the compensation you deserve.
If you or a loved one were injured on someone else’s property, you can hold them liable for your losses. To do so successfully, you must have strong arguments and convincing evidence. A skilled lawyer who knows the common causes of slip and falls in Bartlett can help you file a claim and determine a path forward. Call the Law Office of David E. Gordon as soon as possible for a free consultation.
