Written on August 18, 2022.
Written by James J. Kirshbaum. Posted in Premises Liability.
If you have ever fallen in public or in the presence of others, you know the embarrassment and pain that comes with it. It gets even worse when it couples with a serious personal injury. A simple fall on a wet floor at the grocery store, tripping on walkways, or a tumble due to an unlabeled hole in a parking lot can mean broken bones, torn ligaments, high ankle sprains, and more.
You should not have to be worried about potential risks on other people’s property. When a fall happens and you get hurt, we are here for you. Learn what to do if you slip and fall and how a slip and fall attorney at Kirshbaum Injury Law can help your injury claim.
What Happens When You Slip and Fall on Someone Else’s Property?
Fall cases can occur due to dangerous conditions and neglect on the part of the store owner or property manager, which can take many forms. If there is any risk or hazardous situation and the property owner or store manager knows about it, they must address the danger. If they fail to do so, and you have a slip and fall accident resulting in serious injuries, you may have a premises liability claim. Be sure, however, to take the following steps after the accident.
Seek Medical Attention
The first step is to seek medical attention. Get seen immediately, even if you do not think you were seriously injured. Many injuries take days, weeks, or even months to present symptoms, and seeking medical treatment right away can stop an injury from getting worse. Seeking medical care can also show that you are taking your injury case seriously from the start.
File an Incident Report
An accident report is essential. Make sure that the store takes detailed notes describing exactly what caused your slip and fall accident and how the accident happened. These reports can be important as your personal injury lawyer builds your case. You might also want to take photos of the scene yourself and get a phone number or contact information from witnesses willing to testify to what they saw.
Contact an Attorney
Personal injury attorneys can be essential as you deal with the store’s insurance company. You will need to preserve evidence quickly. Most public places have surveillance, and copies of the footage can be essential in backing up your side of what happened in your slip and fall accident. If you do not move quickly, however, the footage can be wiped. An attorney can help build a strong case by putting together evidence and records. You can get a free case evaluation from Kirshbaum Injury Law. Call our legal team at (952) 545-2700 or complete our online contact form today.
What Is the Statute of Limitations for Slip and Fall Cases in Minnesota?
Minnesota has an extended statute of limitations compared to other states. In this state, we have six years from the accident date to file a personal injury claim. In cases of wrongful death, the clock begins ticking on the date of death. Just because the state has a long timeframe, however, does not mean that you should wait. In fact, just the opposite is true. Some people think it is better to wait until they have a more extended period of medical bills and medical records, but it is almost always better to file as soon as possible. The longer you wait, the older the evidence gets, and you could lose critical access to things like video footage.
Do You Have to Prove Negligence in a Premises Liability Claim?
Negligence is the core factor in a premises liability or slip and fall claim, just like in every injury claim. It means that when you suffer a fall injury, it must be tied back to some failure to exercise reasonable care by the property owner or manager.
To prove negligence, injured people must demonstrate that there was a danger present, that those responsible for the property knew about it or should have known about it, and that they failed to take reasonable action to address the danger.
What Types of Cases Fall Under Premises Liability?
Many incidents can result in accident victims filing a premises liability case. The core concept in this type of injury case is that the injury is related to a risk on a property that someone else was responsible for maintaining, and that person failed to take action to address the threat. A few types of premises liability cases follow.
Slip and Fall
Slip and fall cases are some of the most common types of premises liability accidents. If you encounter a wet floor in the grocery store, oil on the floor at a restaurant, or an icy parking lot, which causes you to slip and fall, you may be eligible for compensation.
Dog Bites
If you are visiting someone’s home and their dog bites you, they may be responsible. Homeowners are responsible for securing their pets and ensuring they are not a danger to others.
Inadequate Maintenance of the Premises
If you trip and fall in a parking lot where the concrete is filled with potholes or cracks, you could have a case. If you’re climbing a staircase where the carpet is loose, it could be a case.
Swimming Pool Accidents
Some of the most tragic premises liability cases involve children drowning in swimming pools that were not adequately secured. Any time a swimming pool accident occurs because the owner fails to take reasonable precautions, from slippery decks to unsecured access, it can be a premises liability case.
What Should You Not Do If You Slip and Fall in a Store?
It’s vital if you slip and fall in a store that you do not move immediately. Take stock of your situation and make sure you avoid critical mistakes.
Do Not Move if Injured
If you are hurt, do not move without the okay from medical professionals. Have the store call for first responders and let them make the decision.
Do Not Miss Medical Appointments
Never miss a medical appointment. Missing medical appointments could make your injuries appear less severe than you claim.
Do Not Admit Any Fault
Never apologize for anything at any time. Any time you say, “I’m sorry,” the insurance company will find a way to use it against you.
Do Not Attempt to Fight the Case Yourself
Don’t fight alone. Contact Kirshbaum Injury Law at (952) 545-2700 for a free consultation with no disclaimer and no obligation today.
Why Should You Contact an Attorney After You Slip and Fall?
If you or a loved one suffers a slip-and-fall accident, always contact an attorney. Your attorney can stand up and fight back against bullying insurance companies whose only goal is to avoid paying you what you deserve. The right injury lawyer knows how to build a case and combine evidence like video footage, medical records, and witness testimony to fight for your rights and advocate for you.
An even better reason is that the property owner and their insurance company have lawyers fighting for them. Having a lawyer of your own evens the playing field and gives you the best shot at significant compensation for the injuries you have suffered.
Let Us Be Your Advocates After You Slip and Fall
If you or a loved one has been hurt due to someone else’s negligence, you deserve to be compensated for the harm you’ve suffered. Don’t sign off on the first lowball settlement offer the insurance company makes. At Kirshbaum Injury Law, we always put our attorney-client relationship first and do whatever we can to help injured victims. Call us at (952) 545-2700 or fill out our online contact form for a free case review today.
Written By James J. Kirshbaum
Jim is a very experienced trial lawyer having conducted jury trials in multiple states both on behalf of injured people and on behalf of defending insurance companies.
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