Premises Liability

premises

Slips & Falls

Premises liability claims, also called “slip and falls,” are based on accidents when unsafe conditions at a property creates a danger. Usually, slip and falls happen in commercial establishments like grocery stores, shopping malls, restaurants, and hotels. They can also happen in apartment complexes, condominium complexes, and private homes. Additionally, some slip and falls commonly occur in parking lots and sidewalks. Slip and fall accidents can cause serious and permanent injuries like broken bones, herniated discs, and traumatic brain injuries.
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What Causes Slips & Falls?

Slip and fall accidents happen when a property owner fails to keep their premises free from dangers or hazards or fails to warn people of the known dangers or hazards on their property. In cases a danger or hazard is open and obvious, the onus is on the person to become aware of the danger and avoid it. However, even if the danger or hazard was obvious, the person or company that maintains control over the property may still be liability for injuries if it was deemed unreasonable under the circumstances. Likewise, if a person or company that maintains control over the property knows there is a danger or hazard on the property, they may avoid liability by providing adequate warning to its guests. However, the warning must be adequate – that is it must call the guest’s attention to the danger or hazard. Some common causes of slip and fall accidents are:

  • Distracted Driving

    Distracted driving has become an epidemic on our roadways and is now the leading cause of car accidents for the past several decades. Whether it’s cell phones or eating, sometimes people do not pay attention to the roadway while they are driving.

  • Speeding

    Going 5-10 miles per hour over the speed limit may not seem like a big deal, but it can often be the difference between life and death. Although it can be tempting to push the speed limit when someone is running late, or the “coast is clear,” speeding is the second most common cause of Car Accidents in The U.S.

  • Drunk Driving

    Drunk driving is one of the most dangerous causes of accidents in The U.S. and is by far the deadliest. With today’s ride sharing technology, there is never an excuse to drink and drive. Unfortunately, many people still make the terrible choice to drink and drive. Punitive damages are often allowed in drunk driving cases and can increase the value of your case exponentially.

  • Running Red Lights / Stop Signs

    It may seem obvious, but it bears repeating. Red always means stop. Even if it seems like no other cars are coming, serious accidents can happen by running a red light. Many of our clients were victims of people who tried to “beat” the light and ended up causing serious and permanent injuries to our clients. We’ve heard several excuses from busy delivery drivers trying to run through red lights while trying to make a delivery to business persons literally trying to answer to work emails and not paying attention to the roadways.

  • Reckless Driving

    Whether it’s changing lanes without looking, speeding well over the limit, or tailgating on the roads, reckless driving can lead to serious accidents. It’s important to keep a safe distance between your car and the car in front of you so there’s time to stop if the car in front makes a sudden stop. There’s never an excuse to follow basic safety rules of the roads while driving.

  • Bad Weather Conditions

    While you can’t always avoid driving in the rain, the slippery, treacherous road conditions caused by heavy rains should be avoided when at all possible. If visibility is too low to drive or the roads seem particularly slick, you should pull over and wait until the storm passes.

  • Driving Without Glasses

    Often times, we find out that the person who caused a Car Accident was not wearing their prescription eyeglasses or contacts as required by law. Usually, they’ll say something at the scene like “I didn’t see you! I don’t have my glasses!” The law requires those who have poor eyesight to wear corrective lenses while operating a motor vehicle.

  • Inexperienced Driving

    Teens don’t have the experience to know what to do in unsafe conditions and that naïveté causes accidents. Teens aren’t the only ones, however, without adequate experience. Different road conditions require different skills when driving. If the person that caused the accident did not have proper experience, they may be held liable for that lack of experience.

  • Vehicle Design Defects

    Car manufacturers are often willing to risk lives to save a few pennies. That’s why sometimes accidents are caused by flaws in the car itself. While you cannot always avoid this, make sure to take note of any recalls in the news and take your car in for regular maintenance. If you’ve been injured and believe it’s due to a vehicle defect, keep possession of your car until someone can inspect it for the potential defects.

  • Driving At Night

    Lack of visibility makes hazards more difficult to see at night. Sometimes it’s too dark because there isn’t adequate lighting on the roadway. Other times it’s the glare that prevents people from seeing hazards, like oncoming traffic.

What Should I Do If
I'm In A Slip & Fall Accident?

First, don’t panic. Whether it’s wet floors, slick bathtubs, or loose mats, we handle Slip and Fall cases every day in our offices nationwide. We know the ins and outs of the insurance business and the tricks they often employ to get you to take little to nothing after an accident. We will always fight to get the money you deserve. The three most important things to do after an accident are:
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1. Stay Calm At The Scene

A Slip and Fall accident can be a devastating. Many times, our instinct to panic and start talking takes over. It’s important that you remain as calm as possible during this time so that you can collect all of the evidence you may need to prove you were not at fault for the accident. This includes taking photographs of the area you fell, making sure to note of any signage or warnings, getting the names of the employees or persons that witnessed the slip and fall, and filing an incident report. Make sure to preserve your shoes and clothing you were wearing at the time of the slip and fall.
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2) Seek Medical Attention

The most important thing for you to do after being in a Slip and Fall Accident is to seek medical treatment immediately. Although you may feel fine after the initial accident, many times you will not know the extent of your injuries until days and weeks later when the adrenaline wears off and your body adjusts to the trauma of the crash. Many injuries such as herniated discs in the neck and back will not be realized until weeks and months later and only show up on an MRI well after the injury. That’s why it is important to document the accident and injuries immediately and make sure you are getting the best health care possible.
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3) Contact an Attorney

Finally, it is important to call an attorney for a free, no obligation consultation. Insurance companies do not like it when you “lawyer up” because they know they will no longer have the opportunity to trick you into taking little to nothing for your case. The insurance companies will try to scare and intimidated you into taking a quick and easy settlement. Don’t fall for their traps. You owe it to yourself and to your family to get maximum recovery for your injuries.
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Filing Insurance Claims

Commercial businesses often have powerful insurance companies are willing to go to any length to deny your claims. Insurance companies are not your friend and they are not in business to pay out claims. Quite the opposite, insurance companies often “low ball” or straight out deny legitimate claims. The other party’s insurance company may call you as soon as the next day after the accident knowing you are shocked, scared, and injured. Beware. Before talking to an insurance company after an accident, understand that anything you say or do can and will be held against you later. You are under no obligation to talk to the other party’s insurance company although they may tell you that if you don’t, they can’t pay your claim. This is a trap that the insurance company wants you to fall for so they can use it against you later. This is why it is important to talk to an attorney before talking to any insurance company or making your claims.

Pursuing A Slip & Fall Case

If you’ve been injured in an accident, you deserve get the best representation possible. At Bohren Law, we never charge for consultations and only take a fee if we win your case. You pay no money up front and we only take a fee if we win your case. Having the right lawyer in your corner can be the difference between getting fair compensation for your injuries or taking little to no money that does not represent the harms and losses you have suffered in the accident. We will fight to get you compensation for pain and suffering, lost wages, property damage, and more. These cases are subject to strict timelines and statutes of limitations vary by state and injury type, so it is important that you speak with an attorney as soon as possible.

Call us today at 844-4BOHREN or click below to schedule a free no obligation consultation.

Remember, we only take a fee if we win your case as part of our No Win No Fee Guarantee.