Just about everyone has slipped or tripped over something and wound up with bruised knees, elbows, or egos. Sometimes a slip and fall can result in serious or life-threatening consequences, however, which can be especially heartbreaking when the fall could have been prevented. When a property owner allows a dangerous condition to exist without taking proper actions to protect visitors to that property, that owner may bear civil liability for their inaction.
If you suffered injuries after falling in a store, restaurant, hotel, or even your own apartment complex, consider contacting a Lincoln slip and fall lawyer at Berry Law: Criminal Defense and Personal Injury Lawyers to learn how to protect your rights, including your right to recover compensation. A dedicated personal injury attorney could advise you of your options and advocate on your behalf to help you reach an optimal resolution to your case.
Compensation May Be Available to Cover a Range of Consequences
In many cases, Lincoln slip and fall attorneys hold property owners liable for injuries plaintiffs suffered on their property based on the theory of premises liability. If an injured person can establish this liability on a property owner’s part, he/she may be entitled to receive compensation to cover a variety of effects from the slip and fall incident.
The function of an award of monetary compensation—referred to legally as “damages”—is to reimburse an injured party for his/her economic losses, provide for expected expenses and losses in the future, and compensate for intangible consequences that have no specific financial value. Whether he/she obtains recovery through a settlement with an insurance company or after a lawsuit, a slip and fall accident victim may be entitled to damages for:
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of activities
- Wages lost due to time off work
- Hospital and doctors’ bills
- Future medical expenses
- Modifications needed at home
An experienced slip and fall lawyer in Lincoln can assist with calculating the value of each type of damage award to develop a settlement demand that is fair and reasonable under the circumstances.
When a Property Owner or Manager May Be Liable for a Slip and Fall Injury
Property owners—or alternatively, those who manage or control property—are not liable for every single incident that happens on their property. Under the general principles of premises liability, a property owner or manager may be liable for dangerous conditions that he/she either created, knew about, or had constructive knowledge about. Constructive knowledge means that if he/she had exercised reasonable care in inspecting the premises, the property owner or manager would have known of the condition.
The dangerous condition should not be so obvious that a reasonable person would be expected to notice and take steps to avoid the danger. For instance, stairs that are well-lit, not slippery, and flanked by handrails would probably not be considered a dangerous condition which a property owner would need to warn about just because of the possibility someone might fall.
However, if the stair treads were loose, that would pose a hazard not easily detected and avoided. If someone then fell down those stairs and got hurt, the property owner could be liable for resulting damages.
Contact a Lincoln Slip and Fall Attorney Today
Premises liability can be difficult to prove, so it is usually worthwhile to ensure that the best possible evidence is collected and preserved as soon after the event as possible. A knowledgeable Lincoln slip and fall lawyer can assist with this process and many others related to an eventual civil case. To learn how a slip and fall attorney could assist in your situation, get in touch with Berry Law: Criminal Defense and Personal Injury Lawyers today for a free consultation about your legal options.