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How Are Settlements for Slip and Fall Cases Decided?

By James Lewis posted 10-20-2020 10:17 PM

  

The law requires stores and other places of business like restaurants, hotels, bars, gyms and stadiums to make sure that patrons are safe. Patrons may fall on the premises for various reasons, such as a slippery wet floor or an obstruction in a walkway. If an individual is injured due to negligence, legal avenues are available to obtain compensation. 

Several common injuries are associated with slip and fall accidents and compensation is awarded for different categories of injuries. This may include medical bills, lost wages, pain and suffering and more. 

What determines the outcome?

The outcome of a slip and fall case revolves around three issues: who is liable for the accident, whether the negligence of the liable party contributed to it, and whether the injured party was free from fault or contributed to the accident in any way. 

The Lamber-Goodnow Injury Law Team in Phoenix represents individuals who have been injured as a result of a slip and fall accident. The law firm offers free consultations and an attorney will be able to determine whether a case is worth pursuing. 

Experienced personal injury attorneys will thoroughly investigate every detail of a case, analyze medical records, witness accounts, surveillance camera footage and safety procedures. They will determine how the injuries occurred and find out if negligence or a wrongful act was involved. 

Proving liability

To prove that an individual is liable, the person must have legal responsibility for the property and what happens on it. The owner of the property is usually liable but if the owner has liability insurance, the insurance company assumes the liability. Then the plaintiff has to file a suit with the insurance company and not the owner. 

Insurance companies are often reticent at having to pay full compensation. An experienced attorney at your side will protect your interests and help achieve a favorable result. 

Proving negligence of the owner

Negligence involves the failure to consider the safety of others by acting as any reasonable person would. The key consideration is whether a reasonable person would have considered a certain condition, like an uneven surface, as potentially hazardous. 

Conditions such as poor lighting, lack of enforcement of safety policies, limited visibility and many other factors can come into play in proving negligence. Plaintiffs have the responsibility to prove that the liable party could have taken some action to prevent the accident but did not do so. 

Plaintiff’s contribution or freedom from fault

The facts of each case will determine the extent of negligence of the parties. The plaintiff must be free of any guilt at all for the whole liability to be placed on the defending party. If the plaintiff contributed to the accident in any way, this means accepting a portion of the liability.

Some states have comparative negligence laws. Where plaintiffs are partially negligent, the settlement is reduced according to the percentage of liability. 

For example, if an injured person was distracted by talking or texting on the phone, he or she may be partially liable for what happened. If an injury took place in a restricted area the plaintiff was not supposed to be in, or the plaintiff disregarded warning signs posted in the area, these issues can also mean assuming partial liability. 

Compensation for slip and fall injuries

General compensatory damages are likely to be awarded for pain and suffering, mental anguish or loss of companionship. Special compensatory damages are awarded for monetary expenses incurred by the plaintiff as a direct result of the injuries. These may include medical bills, attorney’s fees, lost wages and the cost of future medical services. 

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