If you fall on someone’s property, you may be eligible for compensation through a slip and fall lawsuit. These claims fall under premises liability laws, where you must prove that a property owner’s negligence caused your injuries. A Honolulu slip and fall lawyer can help navigate these complex cases, especially in determining who is liable for hazardous conditions on a property.
What is a Slip and Fall Lawsuit?
Each year, around eight million people visit emergency rooms due to falls, according to the National Flooring Safety Institute. Slip and falls specifically account for a significant portion of these cases. However, not every fall warrants a lawsuit. To pursue a claim, you must demonstrate that the property owner or occupier is liable due to their negligence.
Proving Negligence in Slip and Fall Cases
Winning a slip and fall case requires showing that the property owner or tenant failed to meet their duty of care, directly causing your injury. This means you must prove that they knew or should have known about the hazard but failed to address or warn about it.
Property Owner vs. Occupier Responsibility
Sometimes, the occupier (tenant) and owner of a property differ, complicating who’s liable. Property owners have a duty to maintain safe premises, addressing hazards they know about or should have known about. Occupiers, like tenants, share this duty within their controlled areas. If you’re injured in a rental property, you might sue the occupier if they failed to address a hazard. However, there may also be grounds to sue the owner if:
- The owner controlled a common area (like an apartment lobby).
- The owner rented out the property with pre-existing hazards.
- A lease specified owner responsibility for certain repairs.
An experienced attorney can help identify the responsible party in complex slip and fall cases.
Key Elements of Negligence
To prove negligence, you must demonstrate that:
- The owner or occupier knew or should have known of the hazard.
- They failed to fix the condition or warn about it.
- Their failure directly caused your injury.
- The injury led to actual harm (e.g., medical bills).
Evidence such as photos, medical records, and expert testimony can support your case.
Common Conditions Causing Slip and Falls
Typical hazards that can lead to a slip and fall include:
- Wet floors
- Uneven or loose flooring
- Unsalted icy areas
- Unmarked spills
- Poor lighting
Property owners should address these issues or provide warnings, such as posting a “Wet Floor” sign after mopping.
Your Role in the Accident
In some cases, a victim may share responsibility for a fall. For instance, if you ignored a visible warning sign, this could impact your ability to claim compensation.
Contributory vs. Comparative Negligence
In contributory negligence states, if you played even a minor role in the accident, you may be barred from recovering compensation. In contrast, most states apply comparative negligence, allowing you to recover damages even if partially at fault. In “pure” comparative negligence states, compensation is reduced by your percentage of fault. In “modified” states, you must be less than 50% or 51% responsible to recover damages.
Slip and Fall Locations and Liability
Where a slip and fall occurs can also influence your case:
Government Property
Slip and fall claims on government property require proof of negligence by a government entity or employee. These cases often have strict deadlines and compensation limits.
Commercial Property
Businesses have a duty to keep premises safe for customers. Failure to identify and fix hazards can result in a successful claim.
Rental Properties
If a slip and fall happens in a rental, the landlord may be liable if they were aware of a hazardous condition they should have fixed, especially in common areas.
Workplace Incidents
Injuries at work due to slip and fall incidents may fall under workers’ compensation. Workers’ comp generally covers employees for work-related injuries, although independent contractors may not be eligible.
Filing Deadlines and Legal Process
Slip and fall lawsuits are subject to a statute of limitations, typically between two to four years from the date of injury. Filing within this period is crucial to ensure your case proceeds. Slip and fall cases can either go to court or be settled out of court through negotiation, often with the responsible party’s insurer.
Potential Compensation for Slip and Fall Accidents
Compensation varies depending on the case but generally includes economic and non-economic damages. Typical compensation covers:
- Medical expenses
- Lost wages (current and future)
- Pain and suffering
- Emotional distress
An insurance provider may calculate pain and suffering as a multiple of medical costs or using a per diem approach (a set amount per day of pain).
Slip and Fall Claims and Insurance
Homeowners insurance often covers slip and fall claims occurring on the insured’s property, up to policy limits. If damages exceed these limits, a victim may pursue a direct claim against the homeowner.
In workplace incidents, employees typically cannot file a lawsuit but can access workers’ compensation, which covers medical expenses and lost wages without proving fault.
Steps to Take After a Slip and Fall Accident
Consulting with a slip and fall attorney is essential. A knowledgeable lawyer can negotiate with insurers, help secure fair compensation, and file a lawsuit if needed. Working with an attorney ensures you pursue your claim within the statute of limitations and build a compelling case for maximum recovery.