
Your guide to liability and compensation after a slip-and-fall accident
Freezing temperatures and winter precipitation often combine to create hazards on exterior walkways. Slip-and-fall accidents on ice can lead to injuries that range in severity—from minor bruises to spinal injuries and even death—that can drastically impact the lives of victims and their families.
Knowing what to do in the event of a slip-and-fall accident can empower you to get the compensation you need to help you recover from your injuries. If your fall was caused by someone else’s negligence, a personal injury lawyer can help you determine the best approach to seeking a legal remedy for your accident.
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Learn about the factors that come into play in determining liability for damages if you slipped on the ice in a parking lot. Find out whether or not you can sue the owner.
What to do if you’re injured by falling on ice
If you’re involved in a slip-and-fall accident, your first priority should be to receive medical attention. Even if you don’t think you were injured by the fall, immediately contact an ambulance, or go to a medical facility and receive a medical exam.
Injuries from a fall may take time to cause pain or produce visible symptoms. Cold weather can further delay signs of injury. By getting examined right away, you’ll be able to begin receiving treatment before undetected injuries worsen. If you decide to file a claim, you can also use your medical records to provide evidence of your injury and to prove causation.
In addition to getting medical attention, taking photos of the accident scene or having someone take photos for you will provide visible evidence of the hazardous condition. Be sure to get the names of witnesses who were around at the time of the accident. It’s also important to contact a lawyer to discuss the possibility of taking legal action.
Liability in slip-and-fall accidents
To most people who have a slip-and-fall accident on ice, liability may seem like a straightforward concept. On the contrary, the process of determining liability can quickly become very complex.
A personal injury attorney can help you determine who is responsible for creating the hazardous condition that caused your injury. Potentially negligent parties may include the following:
- Property owners. In most cases, private property owners are liable for injuries caused by their failure to maintain safe walking conditions. The injured party may file a claim with the property owner’s insurance policy or file a civil lawsuit against the property owner.
- A manufacturer. If a defective product causes a fall, the manufacturer may be liable.
- A private company. In accidents that are caused or exacerbated by improperly-installed safety equipment, the party who installed the equipment may be responsible.
- A government agency. In accidents that occur on government property, a government agency may be responsible.
Common Liability Issues After a Slip and Fall Accident
Property owners can be held liable in slip and fall accidents if they were negligent in any way and failed to reasonably ensure a safe environment.
If the liable party owed a duty to the accident victim to provide a safe environment, a court will order the liable party to compensate the victim for his or her injuries.
Be aware that people who are injured in slip-and-fall accidents on government property are not permitted to file a civil court claim against the government. Each government agency has an internal claims process that is separate from the civil court system. Your attorney will help you file a claim with the appropriate government agency within the required timeframe.
Filing a slip-and-fall civil lawsuit
To begin the process of filing a civil lawsuit, first, contact a personal injury attorney and request a case evaluation. Upon determining that a civil lawsuit is the best option for you, the attorney will calculate the potential value of the lawsuit.
The attorney’s calculations will include the following:
- Medical expenses
- Out-of-pocket expenses resulting from the injury
- Lost income if the injury causes you to take time off from work
- Pain and suffering
- Emotional distress
If the other party behaved egregiously in creating the hazard that caused injury, the court might order the defendant to pay punitive damages. Although punitive damages are not intended to cover the plaintiff’s expenses and economic losses, the court ultimately awards punitive damages to the plaintiff on top of compensatory damages.
Next, your attorney will file your claim in civil court. At some point in the pretrial process, the liable party may offer you a settlement. Your attorney will then negotiate the settlement amount. If the other party does not offer a fair settlement amount that you’re willing to accept, your case will proceed to trial.
Finding the best lawyer for your slip-and-fall case
When searching for a personal injury lawyer, looking at online reviews can be a good starting point. Choose a lawyer with a proven track record of representing clients who slip and fall on ice and receive settlements.
Every personal injury lawyer is different. You’ll want to ask questions about how and when they’re compensated, as well as their experience in negotiations and taking cases to trial when necessary. Ultimately, you need to feel comfortable with their approach and communication style, so speak with several personal injury lawyers before choosing one to represent you.