Proving Fault in a Slip, Trip & Fall Accident

According to the National Safety Council’s 2017 edition of Injury Facts®, slip/trip, and falls account for the 3^rd highest number of accidental deaths in the United States every year, only behind those caused by motor vehicle accidents and drug overdoses. Unsafe conditions, such as uneven surfaces, loose flooring, objects in the way and bad lighting can all result in a slip/trip and fall, however, you must prove liability in order to recover compensation.

Premises liability is a complex area of personal injury law that holds property owners and managers responsible for certain injuries suffered on a premises. A successful claim may lead to the recovery of medical expenses, lost wages, rehabilitation costs and compensation for diminished earnings, as well as for pain and suffering. To prove liability in a slip/ trip and fall accident, you must demonstrate the following:

1. That the person who owns, leases, occupies or controls the property knew or should have known of the dangerous condition on the premises
2. That they also failed at making the condition safe or warning people of the potential risks
3. That the victim did not have a reason to know of the dangerous condition and suffered harm as a result

If you’re injured, the first thing you should do is seek medical attention if your injuries are severe. If your injuries are manageable, take pictures of where and how the injury occurred. The next thing you should do is collect contact information from the property owner (or whoever else is around) and from any potential witnesses that can corroborate your story. Finally, you should consider hiring an experienced personal injury attorney.

At the Womac Law Firm, our New Orleans personal injury lawyers can walk you through the claims process, which includes reviewing the details of your accident, gathering any incident reports and photographs and assessing the value of your injuries.