Slip and fall accidents are among the most common accidents that occur to people. More than a million people are hurt from a trip, slip and fall injury, and more than 17,000 individuals as a result per year, according to the Central for Disease Control and Prevention. Slip and fall accidents are typically the consequence of slipping, falling, tripping, or stumbling, especially when the individual is present at someone else’s property. The premises could either be private or public. When you speak with a Sumter slip and fall lawyer, we can help you know what your rights are with a legal case.
Whether it is a private residence, hotels, grocery stores, motels, retail locations, fitness centers, restaurants, etc., you can recover compensation from the property owner or any other party that could be accountable for your slip and fall injury. If you or your loved one has ever been in a slip and fall accident in Sumter, your immediate action should be to consult a slip and fall accident lawyer who is experienced in such cases. Marc Brown Law Firm has attorneys that are skilled and experienced in the area of slip and fall accidents.
Our lawyers understand all the guidelines and laws that need to be followed related to slip and fall accidents. Marc Brown is an experienced attorney who has worked numerous cases of slip and fall accidents.
Brown is not only experienced but also is a highly skilled Sumter injury lawyer who knows how to win cases for his clients. He formerly worked at a national firm defending corporate organization. From that he knows what the defending party would do, in most cases. This understanding has made him valuable to his clients.
How Do Slip and Falls Happen?
The key component in a personal injury claim stemming from a fall is proving how the fall happened. You will not be successful if you simply fell of your own accord—examples include tripping over an object because you were looking at your phone, losing your balance due to intoxication, or rolling an ankle while running in a busy supermarket. In order for a slip and fall claim to be triumphant, the business or property owner’s neglect must have caused, or been the primary cause, of the fall. Examples include:
- Slippery or wet floor
- Greasy or dirty floor
- Damaged or cracked flooring surface
- No handrail on a staircase
- Bad lighting
- Tripping objects laying in the walkway
- Uneven walking surface
- No warning or hazard markings on step ups or step downs
- Walkways that are not built to code, such as an overly steep ramp or too-tall stair step
What Types of Premises Are Involved in Slip and Fall Claims?
Any property or business owner can be held liable for the fall injuries of an invitee (person who was on the premises legally). Examples of potential slip and fall locations include:
- Private homes
- Driveways
- Restaurants
- Fast food chains
- Retail stores
- Big box stores
- Grocery stores
- Convenient stores
- Libraries
- Offices
- The workplace
- Hospitals
- Bus stations
- Airports
- Nursing homes and assisted living facilities
- Schools, universities, and day care facilities
- Sidewalks
- Parking garages and parking lots
- Sports stadiums and arenas
Types of Injuries Resulting from Slip and Fall Accidents
A slip and fall accident can lead to a variety of injuries, some of which may have long-lasting impacts on the victim’s life. Understanding these injuries is crucial for both getting the appropriate medical treatment and your legal claim:
- Fractures and Broken Bones
One of the most common injuries sustained in slip and fall accidents is fractures or broken bones. Common fracture sites include the wrists, arms, hips, and ankles. Treatment can range from casting and splinting to surgery, depending on the severity of the break.
- Soft Tissue Injuries: Sprains, Strains, and Tears
These injuries involve the muscles, ligaments, and tendons and can be extremely painful. Treatment may include physical therapy, rest, and sometimes surgery for severe cases.
- Head Injuries: Concussions and Traumatic Brain Injuries
A concussion can occur if the head strikes the ground or another hard surface during a fall. More severe head injuries, such as traumatic brain injuries (TBIs), can lead to significant cognitive and physical impairments. Immediate medical attention is critical for any head injury to mitigate potential complications.
- Back and Spinal Cord Injuries
Falls can also result in back injuries, including herniated discs, fractures, and even spinal cord injuries, which are particularly devastating as they can alter a person’s life permanently, requiring extensive medical treatment and rehabilitation.
Proving Negligence in Slip & Fall Accidents
Plaintiffs not only have to prove that they fell because of a hazard, but they must also prove that the property or business owner had knowledge of the hazard, there was time to address the hazard, and the owner failed to take necessary action to repair the issue. When it comes to knowledge, there are two relevant types: actual knowledge and constructive knowledge. An example of actual knowledge would be seeing a spilled item in the walkway, while an example of constructive knowledge would be knowing that it is raining and that there would likely be a slippery entrance to a store because of that rain.
The owner of a property is supposed to take particular precautions to keep their property harmless and safe. This responsibility is stricter and important for commercial premises owners, and they are detained on a greater pedestal.
These duties and responsibilities are typically called “premises liability.” Sadly, a lot of property owners ignore and neglect these responsibilities and fail to keep their property safe. This negligence is generally the primary reason for slip and fall accidents. A property owner can not automatically be held responsible for the slip and fall accident that happens in their property. It has to be recognized that the property owner was unaware of the ‘unsafe condition’ that caused the accident.
Similarly, if you prove that the property owner deliberately ignored and neglected the unsafe condition on his property, that will benefit your case. Another claim that you can establish is that even if the unsafe condition was created by someone else, the property owner neglected it and did not fix it within due time. Generally, not everyone is aware of their full rights, and they do not know how to react to such accidents.
Their lack of awareness leads them to physical, emotional, and financial harm, which is unfair to you as your accident was caused due to someone else’s negligence. Therefore, whenever you happen to be in such an accident, the first thing you should do is consult a bar certified lawyer who knows his work around slip and fall accidents so that he can guide you and help you compensate for your damages.
Marc Brown is an experienced lawyer in such cases and would be able to help you recover all your damages.
In addition to hiring a lawyer, here are some steps you can take, per the NSC:
- “Keep floors and surfaces clear of clutter
- Wear sensible footwear
- Properly arrange furniture to create open pathways
- Maintain good lighting indoors and out.”
These tips will not always guarantee no accidents will happen, but they can definitely minimize the chances.
Compensation You May Be Entitled To
After being injured in a slip and fall accident on someone else’s property, you may be entitled to compensation for a wide range of damages, including but not limited to:
- Medical Expenses
- Lost Wages and Loss of Earning Capacity
- Pain and Suffering and Physical and Emotional Distress
- Loss of Quality of Life
- Punitive Damages (if applicable): In rare cases, punitive damages may also be awarded to punish the negligent party for particularly egregious conduct and to deter similar behavior in the future.
Understanding the types of compensation you may be entitled to can help you better grasp the full value of your claim. In addition, it allows you to work with your attorney to ensure that all aspects of your suffering and losses are accounted for. Marc Brown Law Firm is committed to helping you recover the full and fair compensation you deserve, providing expert guidance every step of the way.
Steps to Take After a Slip and Fall Accident
Knowing the correct steps to take after a slip and fall accident can significantly impact your ability to successfully recover compensation for your injuries. Here are the critical steps you need to take immediately following a slip and fall accident in Sumter, SC:
- Seek Medical Attention
The first and most important step is to seek medical attention. Even if you believe your injuries are minor, it is crucial to get a professional medical evaluation to ensure there are no underlying issues. Prompt medical attention also provides documentation of your injuries, which is vital for any legal claim.
- Document the Scene
After ensuring your health and safety, document the scene of the accident. This includes taking photographs of the area where the fall occurred and noting any hazardous conditions such as wet floors, poor lighting, or uneven surfaces. Detailed documentation also helps establish the cause of the accident and supports your claim.
- Notify the Property Owner or Manager
It is essential to report the accident to the property owner, manager, or responsible party as soon as possible. This creates an official record of the incident and ensures that the property owner cannot later deny that the accident occurred. Be sure to get a copy of the accident report for your records.
- Collect Evidence
Gather as much evidence as possible to support your claim. In addition to photographs of the scene, collect contact information from any witnesses who saw the accident happen. Witness statements can provide valuable third-party verification of the conditions that led to your fall.
Keep detailed records of all medical treatments and expenses related to your injuries. This includes hospital visits, doctor appointments, physical therapy, and any other related costs. Medical records and bills are essential for demonstrating the extent of your injuries and the financial impact of the accident.
- Consult With an Experienced Slip and Fall Lawyer
Finally, consult with an experienced slip and fall lawyer. An experienced Sumter slip and fall lawyer can provide crucial guidance and support throughout the claims process. Your lawyer can help you understand your rights, evaluate the strength of your case, and pursue the maximum compensation you deserve.
How an Experienced Slip and Fall Lawyer Can Help
Hiring the right lawyer can greatly enhance your chances of securing the compensation you deserve. Here is how a seasoned Sumter slip and fall attorney, like Marc Brown, can assist you throughout the process:
- A Thorough Case Evaluation
The first step an experienced lawyer will take is to evaluate the viability of your claim. This involves reviewing the details of your accident, examining evidence, and assessing the strength of your case. An honest and thorough evaluation helps you understand your legal standing and the potential outcomes.
- Gathering Evidence
An experienced lawyer knows the importance of gathering compelling evidence to support your claim. This includes obtaining photographs of the accident scene, collecting witness statements, and securing medical records that document your injuries. Additionally, your lawyer may enlist expert testimony to establish liability and demonstrate the extent of your injuries.
- Negotiating with the Insurance Companies for a Fair Settlement
An experienced slip and fall lawyer understands the tactics used by insurance companies to limit their payouts and can effectively negotiate on your behalf. They will work to ensure that you receive a settlement that compensates you fairly for all of your damages.
- Representing You in Court if a Lawsuit is Necessary
If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. Having an experienced attorney represent you in court is crucial, as they can present your case compellingly, cross-examine witnesses, and counter any defenses raised by the opposing side. This thorough preparation can significantly increase the likelihood of a favorable verdict.
- Ensuring Compliance with Legal Procedures and Deadlines
The legal process involves adhering to various procedures and deadlines, which can be complex and overwhelming. An experienced slip and fall lawyer will ensure that all necessary paperwork is filed correctly and on time, preventing any procedural issues that could jeopardize your claim.
Call Sumter Slip and Fall Attorney Marc Brown Today for a Free Consultation
Business and property owners have a duty to maintain safe premises for all invitees. Failure to do so is likely to result in an injury, and when such an injury—including a slip and fall or trip and fall—occurs, they can be held liable for the victim’s damages. Sumter slip & fall lawyer Marc Brown handles a variety of premises liability claims, including slip and falls in which the victim, regardless of age or ability, is injured because of another party’s carelessness.
If a property owner or business owner had knowledge of a hazard, time to remedy the hazard, and failed to do so, resulting in your injury, you have a high chance of success in recovering compensation for your injuries. Feel free to call Sumter slip and fall attorney Marc Brown today at (803) 848-0008 to schedule a free consultation.