Even if you are in good health and sure-footed, an unseen spill in a store aisle or a loose electrical cord can cause you to slip or trip, resulting in a serious injury. Additionally, while you have the right to sue property owners for injuries caused by hazardous conditions on their property, obtaining a favorable outcome in a slip and fall claim can be particularly challenging for several reasons.
A Chesterton slip-and-fall lawyer with experience handling similar cases can provide the support you need. From gathering initial evidence of liability to pursuing fair compensation for the impact of your injury, your experienced personal injury attorney from the Law Offices of David W. Holub will be a vital advocate throughout your legal proceedings.
What Makes a Slip and Fall Claim Strong?
The specific duty of care a landowner owes to someone on their property varies based on the visitor’s purpose. Generally, landowners owe little duty of care to trespassers beyond refraining from intentional harm. They must warn lawful visitors of known hazards and address or restrict access to those hazards within a reasonable timeframe. Additionally, landowners must regularly inspect their property for hazards to protect invitees.
Building a strong slip-and-fall claim requires demonstrating, through a preponderance of the evidence, that all of the following conditions exist:
- That the injured person was owed a duty of care by the landowner based on the injured person’s status on the land (i.e., as a business customer or social guest, etc.)
- That the landowner breached its duty of care towards the injured person because: (1) it knew the condition existed and that it created an unreasonable danger or it should have discovered the dangerous condition on the property, (2) it should have expected that the injured person would not discover or realize the dangerous condition or that the person would fail to protect themselves against the danger, and (3) it failed to use reasonable care to protect the injured person from the danger.
- That the injured person sustained damages as a result of the injury incident (i.e., medical bills, lost wages, pain and suffering).
- That the landowner’s breach of its duty of care caused the other person’s injuries.
Support from a Chesterton slip and fall attorney can be crucial for addressing all of this and more through a comprehensive lawsuit or settlement demand.
Recovering for Short-Term and Long-Term Losses
Legal counsel can also help pursue civil compensation for every compensable loss directly linked to a slip and fall injury. Economically, this includes not only emergency medical bills and lost income but also anticipated future medical expenses, reduced earning capacity, and other out-of-pocket costs related to long-term disability.
Non-economic damages in this sort of claim typically center around physical pain and discomfort, but they can also include mental anguish, psychological trauma, and a decline in overall quality of life caused by a permanent disability. Technically, courts have the authority to impose punitive damages against a defendant in a Chesterton slip-and-fall claim, but as an experienced lawyer will affirm, this is a very rare outcome reserved only for cases involving extremely egregious negligence or intentionally malicious conduct by the defendant.
Contact a Chesterton Slip and Fall Attorney for Help With Your Case
Slipping or tripping and falling can be a lot more than just embarrassing. If an accident like this leads to you sustaining a serious physical injury, your unexpected tumble could be a genuinely life-altering experience, especially if you fail to enforce your rights under state law by demanding fair reimbursement from the landowner at fault for your accident.
Besides getting necessary medical care, contacting a Chesterton slip and fall lawyer should be your top priority after getting hurt in a fall that was not your fault. Call the Law Offices of David W. Holub today for a consultation.