Injured Due to a Property Owner’s Negligence? Our Slip and Fall Attorneys Can Help You Protect Your Legal Rights
Slip and fall accidents happen frequently and can occur at any moment.
Slip and fall cases are often complex and involve numerous details that can either build or break your claim. For example, liability is a vital detail that must be reviewed in order to determine if you’re entitled to any compensation for your injuries.
If you or a loved one was injured due to a property or business owner’s negligence, we can help. At Mitch Grissim & Associates, we believe in fighting for the legal rights of our clients. We will use our knowledge and years of experience to build a strong case. Allow our devoted and passionate team of slip and fall attorneys to assist you with your claim.
Falls account for over 8 million hospital emergency visits.
Slip and falls do not constitute a primary cause of fatal occupational injuries but represent the primary cause of lost days from work.
Fractures are the most serious consequences of falls that occur in five percent of all people who fall.
22 percent of slip and fall incidents resulted in more than 31 missed days from work.
According to the American Trucking Association, slip and falls are the leading cause of compensable injury in the trucking industry.
Slip and fall accidents occur for multiple reasons, and it’s imperative that you are knowledgeable about your legal options and rights.
What Is Premises Liability Law?
Premises liability law protects the rights of those injured on someone else’s property as a result of the property owner’s negligence. Negligence can include intentionally creating an unsafe condition, such as a hole or a freshly mopped floor, or allowing an unsafe condition to remain even after those responsible for the property became aware of the condition.
In the state of Tennessee, property owners are held liable for any damages and injuries caused as a result of the hazardous conditions on their property. However, if you suffered an injury on someone else’s property, it is not automatically the property owner’s fault.
In order to file a premises liability claim, it must be established that the property owner was conscious of the danger and chose not to fix the problem or warn visitors. While, in some cases, it’s obvious who should be held accountable for the accident, fault is not always immediately clear. For this reason, it’s in your best interest to speak with a slip and fall attorney to discuss your legal options.
Comparative Fault: How Determining Fault Can Impact Your Claim
Although premises liability law is intended to cover a person who was injured on someone else’s property, the injured victim can also be found partly at fault for their accident. This is known as the comparative fault law.
For example, if the injured victim is found to be 50 percent or more at fault for their accident, they cannot obtain compensation for their injuries. However, if it is determined that you share 20 percent of the blame, for instance, then any compensation you’re entitled to would be reduced by that amount.
Liability: The Difference Between Invitees, Licensees, and Trespassers
According to the law in Tennessee, property owners who allow people to come onto their property owe these visitors a ‘duty of care.’ For example, places such as grocery stores, restaurants, and retail businesses all owe their consumers a ‘duty of care.’
Some accidents might never have occurred if the business would have corrected the hazards, such as repairing the flooring, removing pallets, cleaning spills, using proper materials for building ramps and using proper slip-resistant matting for wet areas. When you step onto a property, you are considered a visitor.
There are three types of visitors:
Invitees: An invitee is a person who was expressly given permission to come onto the property, such as a repairman or contractor. Invitees also include individuals who were given an implied invitation to visit a public property, like a grocery store or restaurant.
Licensees: A licensee is a person who was invited onto someone else’s property for non-business purposes, also known as social visits.
Trespassers: This is a person who has no legal right to be on the property.
The type of visitor you are will determine what legal options are available for your injury. Our team of slip and fall attorneys can review the various aspects of your case. If you are eligible for compensation, our team can ensure the right party is held responsible for their negligent actions.
Slip and falls occur so frequently that some major retail chains have internal litigation departments specifically assigned to handle premises liability cases. For this reason, consulting an attorney will be to your advantage.
Statute of Limitations in the State of Tennessee
Each state has its own statute of limitations laws that govern cases such as slip and fall accidents. It’s essential that you are aware of these laws, so you don’t miss your opportunity to seek any compensation you may be entitled to. In the state of Tennessee, an injured victim has exactly one year to file a lawsuit against the liable party.
If an individual files after the set deadline, they may lose their chance of receiving any compensation.
Common Causes of Slip and Fall Injuries
Accidents occur for various reasons, however, some accidents can leave behind minor injuries, while others result in life-altering damage. The most common causes of slip and fall accidents include the following:
Spills create slick conditions that can cause an individual to fall and become seriously injured.
In some cases, lighting can play a role in a fall injury. If the area is not properly lit so that individuals can see where they are walking, it can result in a fall.
Cables that are not properly managed can cause a person to trip, resulting in severe injuries, such as broken bones.
Cases where sidewalks are poorly maintained and/or uneven, can make a person to miss their step, causing them to trip and fall.
Some accidents happen due to weather conditions. Although people are unable to predict the weather accurately, owners should ensure their property is prepared for inclement weather. This can include laying down salt for snow and ice and shoveling sidewalks.
It can be difficult to understand the legal aspects of this type of case, especially when a business is involved. Trying to file a claim without an attorney can result in less compensation than you’re rightfully owed. It’s best to talk with a knowledgeable attorney before making any decisions that may affect your claim.
Steps to Take After a Slip and Fall Accident
If you suffered injuries due to a property owner’s negligence, it’s important to know how to proceed after an accident. Below, our team has gathered a list of tips that you can implement after an accident that may protect your case and help you receive the justice you deserve.
Report the accident- It’s essential to report the accident to the right individual immediately after it occurs. Depending on your situation, this can be a landlord or a manager.
Seek medical attention- No matter how insignificant the injury may appear, you should always be evaluated by a medical professional after an accident.
Collect evidence- Make sure to obtain copies of your medical records and take photos of your injuries and the accident scene.
Call an experienced slip and fall lawyer- An experienced attorney can assess the circumstances of your case to ensure your legal rights are protected.
Following these steps may help preserve any compensation you may be eligible to receive for your injuries.
Evidence: A Key Component to Building a Strong Legal Case
Evidence is significant when it comes to seeking compensation for damages. There are several types of evidence that can help determine liability and calculate the amount of compensation you may be owed.
Photos of the accident scene and your injuries can help with your claim. For example, if you fell after tripping on broken flooring in a restaurant, the owner may try to repair the area where the accident occurred in order to prevent a lawsuit. However, taking photos immediately after the accident can help prove the scene was indeed dangerous and led to your injuries.
Severity of your injuries
The seriousness of your injuries can dramatically impact the amount of compensation you may be owed. For instance, if you have to continue months of physical therapy to help with your recovery, it can greatly affect your compensation amount. Your medical bills are a good indicator of how extensive your injuries are.
If anyone witnessed the accident, it’s critical to document their account of what happened. Additionally, ask for their contact information, such as their phone number and email.
Proof of wages
Depending on the type of injuries you endured, you may have to spend time away from work to attend doctor’s appointments, physical therapy, and other treatments. Proof of wages provides verification of your income and any lost wages due to your injuries.
Other related costs
If you were required to pay any out-of-pocket expenses due to your injury, these expenses can be used as evidence to support your claim.
Injured in a Hazardous Environment? We’re Here for You
Attorney Mitch Grissim has handled premises liability cases for 38 years and has helped thousands of clients recover millions in compensation. While results will vary depending on the circumstances of your individual case, our team is here to help you through the aftermath of a devastating slip and fall accident.
If you or a loved one was injured in a slip and fall accident, our lawyers can assist you with your claim. Furthermore, we will collect the necessary evidence to build your case, so you can focus on your recovery. Compensation may help cover lost wages, pain and suffering, or the wrongful death of a loved one.
We handle cases involving negligent property owners that led to a slip and fall injury. To schedule a free consultation to further discuss premises liability and your options after a slip and fall accident, call (615) 255-9999, or fill out our free consultation form.