Accidents happen. While slip and fall accidents may seem too simple to worry about their legal implications, slip and fall injuries can actually be quite serious. Falls are a leading cause of injury in the United States, particularly among the elderly. Additionally, if the slip and fall occurred on another individual’s property due to unsafe conditions or unaddressed hazards, the injured party may be eligible for compensation for their injuries. Slip and fall cases are most common in retail and wholesale establishments, private properties, and potentially even in the workplace.
Slip and fall cases may operate similarly to standard personal injury cases, but several key differences and state laws can impact the determination of liability. Understanding how a property owner’s negligence of hazards and management of the property can imply liability for a slip and fall accident is a key piece of this field of law. This is why the expertise of a Wilmington slip and fall lawyer may help when seeking compensation for an injury.
Call a skilled Wilmington slip and fall attorney from Zavodnick & Lasky today at (215) 999-6742 for a free initial consultation.
Common Causes of Slip and Fall Accidents
Slip and fall accidents, particularly in the case of premises liability, are generally caused by some hazard or obstruction, according to the Centers for Disease Control. These hazards could be related to the weather, such as slick tile from the rain or patches of ice. Generally, public buildings like retail stores and other establishments are expected to maintain their premises and address some weather-related hazards.
However, the hazard could also be man-made. Objects placed in walkways, spills from drinks or leaking machinery, and other obstructions could all lead to trip and fall accidents. Damaged property, such as torn flooring or cracked sidewalks, could also cause this. Generally, property owners are expected to maintain their walkways and ensure there are no hazards that could potentially lead to a slip and fall accident. Improper railings and poor signage signaling hazards could also lead to slip and fall accidents.
Injuries and Aggravated Injuries from Slip and Fall Accidents
Injuries from slip and fall accidents can vary widely, including everything from small scrapes and bruises to traumatic brain injuries (TBIs) and broken bones. Many of these accidents depend on the victims’ pre-existing health conditions and age, as well as the severity of the fall. A simple fall on a level surface may have less severe injuries, but a fall from height due to inadequate railings or other factors could even severely injure a young person in good health. Some common injuries from slip and fall accidents include bruises, broken bones, knee injuries, dental injuries, back injuries, and TBIs such as concussions or worse. Slip and fall accidents may also aggravate pre-existing injuries or medical conditions, which may factor into compensation.
Basics of Premises Liability in Wilmington
Premises liability in Wilmington can be a complex matter, often riding on certain factors that could influence who is liable for the accident. For slip and fall cases, a Wilmington slip and fall attorney will generally argue to prove that the property owner had a responsibility to the injured party that was not fulfilled. Simply tripping and falling on another individual’s property may not be enough to establish a compensation case. Generally, a slip and fall case hangs on a hazard that should have reasonably been addressed by the owner of the premises. In the courtroom, this is generally divided into four key points.
Duty of Care
Duty of care is the foundation of any premises liability case, and also the foundation of many other aspects of personal injury law. Duty of care is established by the legal expectations of an individual. Laws do not merely exist to assign sentences to those who break the law, but to prescribe behaviors for certain individuals in certain positions. A property owner may have a duty of care to ensure that hazards that may lead to slip and fall accidents are addressed. If it can be reasonably established that the property owner had a duty of care to the injured party, a slip and fall case may be viable.
Willful Negligence
The second point that often shapes a slip and fall case is willful negligence. Slip and fall accidents that could not have been prevented by the property owner may not be the owner’s fault, according to Del. Code Ann 25 § 1501. However, if a slip and fall attorney can prove that the property owner knew about or could have reasonably discovered the hazard, there may still be a case. For example, if a retail store does not properly address a leaking fridge, and a customer slips and falls because of their negligence, the store may be liable for the accident. Willful negligence of a property owner’s duty of care is one key to a slip and fall case.
Causation
However, these two points are not enough to create a strong slip and fall case. The willful negligence of the property owner must be the direct cause of the individual’s accident. For example, a retail store with a negligently ignored leaking fridge may not be liable if the injured individual tripped on their untied shoelace. The negligence of the property owner did not directly cause the accident, which may exempt them from liability. Additionally, adequate warning signs addressing the hazard may protect the property owner, such as a wet floor sign posted by the spill on the ground.
Damages and Injuries
Even if the negligence of duty caused the accident, the accident must have led to financial or other kinds of damages for the injured individual. This is often the final piece of a slip and fall case, and it generally involves calculating the amount of damages suffered by the individual. With this figure, a slip and fall lawyer can advocate for the injured party’s right to compensation. However, a successful slip and fall case may rely on all four of these points to succeed.
Contact a Wilmington Slip and Fall Lawyer Today
Slip and fall cases may seem harmless, but even a simple accident could lead to injuries and financial damages that can quickly become overwhelming. Elderly individuals or individuals with pre-existing health conditions may also be susceptible to severe injuries from slips and falls. Understanding how to address these issues and navigate the Wilmington legal system may be key to helping secure compensation for an injury. A skilled Wilmington slip and fall lawyer from Zavodnick & Lasky may be able to help negotiate with insurance companies or represent you on your behalf in court. Schedule a free consultation with an attorney today at (215) 999-6742 to discover your legal options.
