Slip and fall accidents are extremely common. In fact, they are one of the top five causes of work injuries, and falls will affect 1 in 3 people over age 65—as well as many younger people. And it’s often not just an issue of losing balance. A slip and fall can be the result of poor maintenance, debris on the floor, or other issues that a property owner should have addressed long before you arrived. In those situations, you need to speak with a Grayson slip and fall lawyer to discuss your potential legal options.
John Foy & Associates has more than 20 years of experience dealing with slip and fall claims. We have seen it all—and we can put that experience to good use for you. It can take a great deal of time to recover from a fall, especially for older adults. Let us focus on the legal aspects of your situation while you take the time you need to recover and heal. We always represent individuals, and we never work for insurance companies. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
Does it matter if my slip and fall happened at a home vs. a business?
It makes a difference, but the difference is usually very minor.
All property owners in the City of Grayson who invite others on to their property must maintain their land or store and keep it safe for visitors. The actual duty that the property owner has will depend on whether you were on commercial or residential property. The responsibilities for commercial property owners or managers are usually higher than what’s required for residential property.
Commercial property owners will often be legally responsible for your slip and fall injuries if the following conditions apply:
- The property owner, manager, or an employee caused the unsafe conditions (such as a spill that creates a slippery floor).
- The owner knew of the potential danger and did nothing to correct it, OR they should’ve known about the threat because a sensible person who was properly taking care of their property would have known about it.
Commercial property owners must inspect their property regularly to ensure that it is safe. If they spot issues, they should address them right away—before they cause slip and fall accidents. If they don’t take action, then that opens them up to a lawsuit.
Usually, slip and fall claims based on residential property arise in the landlord/tenant context, but not always. You can still have a legal complaint against a neighbor, for example, if you hurt yourself on their land.
A landlord may be responsible for your injuries if the following facts can be proven:
- The landlord has control over the condition that resulted in the fall (usually not from falls caused by tripping over furniture, for example)
- Repairing the dangerous situation wouldn’t be overly expensive or unreasonable
- Slipping and falling was a predictable outcome of failing to fix the damaged or unsafe area
- The failure to repair the area actually caused your fall
Like commercial property owners, landlords have a responsibility to maintain common areas of their property. They also must address concerns inside the rental property as well. Both of these duties sometimes require periodic inspections of the property to resolve any issues.
A lot of the time, people who fell while visiting a friend are hesitant to start a lawsuit because they don’t want to ruin their friendship. While this concern is normal, it’s often misplaced. Keep in mind that injuries on residential property are usually covered by homeowners’ insurance policies. That means that although your friend may be mentioned in the lawsuit on paper, you’re really dealing with their insurance company. It’s unlikely your friend will have to pay anything out of pocket.
What if my fall happened at work?
If you slipped and fell at work, then that can completely change your claim. Depending on the circumstances, you might have a workers’ compensation claim instead of a traditional civil liability claim. That is, instead of going to your local courts, you will use the workers’ compensation system to get benefits such as:
- Medical coverage
- Lost wage benefits
- Damages for the permanent harm that will affect your ability to work in the future
John Foy & Associates can help fall victims no matter where the fall occurred—we will help you chose the right location to bring your legal claim.
What if my own loss of balance contributed to the fall?
Your balance begins to decline as early as age 50. As we get older, we just can’t maintain our balance like we used to. Insurance companies will sometimes use this as a defense against claims from older individuals. However, even if your declining balance contributed to a fall, you still have a right to recover money. As long as your balance issues weren’t the only cause—the carelessness or negligence of the property owner played, too—you have a claim.
Consider an example. Imagine you slipped on water in a grocery store. The store would have to show that someone else who didn’t have balance problems and slipped in the same way wouldn’t have fallen. That would be very, very hard to do. Most stores will not make that type of argument because it is so hard to win.
If you have had issues with balance in the past, such as previous falls, that information will likely come up in your case. But, that doesn’t mean your rights to damages have ended. A Grayson slip and fall attorney will be able to look at these very specific facts of your case and let you know what kind of role, if any, this information will play in your situation.
Talk to a Grayson Slip and Fall Lawyer
No matter what your age or health condition, a property owner must maintain their property and keep it free from hazards that could cause you to fall. If they don’t, they can face legal liability. Getting damages after your fall can help you turn around your finances at a very difficult time. John Foy & Associates is here to help you get back on your feet. Let us give you a FREE consultation. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.