If you’re injured in a slip and fall accident on another person’s property, you might be entitled to compensation. Slip and fall lawsuits fall under premises liability laws, where victims must prove a property owner’s negligence caused the fall. A Honolulu slip and fall lawyer can guide you through determining responsibility and recovering compensation.
What Qualifies as a Slip and Fall Claim?
Each year, millions of people seek emergency care due to falls, with slip and fall incidents accounting for a significant portion. However, not every fall leads to a lawsuit. To bring a successful case, you must show that a property owner or occupant should be held liable for creating or ignoring a hazardous condition.
How Negligence Works in Slip and Fall Lawsuits
To succeed in a slip and fall case, you’ll need to show that the owner or occupant did not fulfill their responsibility to maintain a safe space, causing conditions that led to your fall.
Identifying the Responsible Party
Sometimes, a property is controlled by both an owner and an occupier, like a tenant. The responsible party depends on who maintained the hazardous area. Landlords are responsible for common areas and certain repairs, while tenants must keep rented spaces safe. You may be able to pursue both the tenant and landlord in cases where:
- The hazard was in a common area.
- The landlord failed to disclose pre-existing hazards.
- The lease makes the landlord responsible for specific repairs.
A lawyer can help determine who’s liable in these situations.
Proving Your Case
For a successful case, you’ll need to prove:
- The property owner or occupier should have known about the hazard.
- They failed to address or warn you about it.
- This negligence caused your injury.
- The injury resulted in measurable harm (e.g., medical costs).
Photographs, witness statements, and medical records are all essential for building a strong case.
Conditions Leading to Slip and Fall Injuries
Slip and fall hazards include:
- Wet or uneven floors
- Loose rugs or carpeting
- Spilled liquids
- Poor lighting
- Cluttered walkways
Owners are expected to address these hazards promptly or provide warnings.
Fault and Recovery Limitations
In some states, contributory negligence laws prevent you from recovering damages if you share any responsibility for the accident. In comparative negligence states, however, your compensation is adjusted based on your level of responsibility.
Location-Specific Rules
The location of your fall can impact your claim. For example:
- Government Properties require special procedures and have shorter deadlines.
- Businesses must keep their premises safe for customers, or they may be liable for injuries.
- Landlord-Tenant Situations require landlords to address known hazards in common areas.
- Workplaces often fall under workers’ compensation, which covers work-related injuries.
Time Limits for Filing
Slip and fall claims must be filed within the state’s statute of limitations, typically two to four years. Filing in time is essential for your case.
Damages in Slip and Fall Cases
Compensation for slip and fall cases includes:
- Economic damages (e.g., medical expenses)
- Non-economic damages (e.g., pain and suffering)
Homeowners and businesses often carry insurance that covers slip and fall injuries, up to policy limits. In workplace cases, workers’ compensation typically covers medical costs and lost wages.