What Is a Slip and Fall Lawsuit?
A slip and fall lawsuit is a type of personal injury lawsuit filed against a business or property owner for injuries and damages related to a slip and fall accident.
A slip and fall lawsuit falls under the umbrella of premises liability, which involves a hazardous condition on someone else’s property.
In order to sue for a slip and fall accident, you must be able to prove that the property owner was negligent in some fashion. For example, they may have allowed a spill to go unattended or failed to warn patrons of a wet floor.
Compensation is usually paid by the property owner’s insurance company through a slip and fall injury settlement. This money can be used to help pay for medical bills and other damages suffered by the injured person.
Slip and fall lawsuits send a strong message to property owners that they have a duty to keep their premises safe.
The bottom line is that accident victims should not be forced to pay for a property owner’s negligence.
See if you qualify for a slip and fall lawsuit — get a free consultation right now.
Where Slip and Fall Accidents Occur
Slip and fall injuries can occur just about anywhere. A property owner may be responsible if a visitor experiences a slip or fall on their property.
Places where slip and fall accidents can occur include:
- Apartment complexes
- Government buildings
- Grocery stores
- Hotels
- Parking lots
- Private property
- Public transit
- Retail stores
- Restaurants
- Roadways
- Walkways
- Sidewalks
Causes of Slip and Fall Accidents
Property owners are responsible for warning visitors or patrons about possible dangers, such as an uncleaned spill or uneven flooring. When they don’t, they may be responsible for any resulting incidents and damages.
Dangerous conditions that can cause a slip and fall include:
- Bumps in walkways
- Carpet bulges
- Construction sites
- Cords, debris, or other tripping hazards
- Cracked sidewalks
- Icy walkways left unsalted
- Lack of adequate lighting
- Lack of warning signs
- Missing handrails
- Newly waxed floors
- Potholes in roadways
- Spills
- Wet floors
Common Slip and Fall Injuries
Slip and fall injuries can range from minor to severe and life-altering. While minor injuries typically heal on their own, severe injuries may require multiple surgeries and leave accident victims with permanent disabilities.
Some common slip and fall injuries include:
- Broken bones
- Concussions
- Cuts
- Dislocations
- Head and face injuries
- Spinal cord injuries
- Sprains and strains
- Torn ligaments and tendons
Eligibility for a Slip and Fall Lawsuit
As with other personal injury claims, not everyone who slips and falls is eligible for a lawsuit.
In general, you may qualify for a slip and fall lawsuit if you fell:
- Due to dangerous conditions (such as an unattended spill, an unsecured construction site, or lack of handrails)
- In a public space or on private property or government property
- Despite exercising reasonable caution
- You were not in a restricted area with adequate warning signs
- In a roadway or sidewalk with design flaws (potholes, bumps, cracks)
Typically, people who are injured while trespassing on private property are not eligible to file a slip and fall lawsuit against the property owner.
See if you’re eligible for a slip and fall lawsuit — chat with one of our personal injury case managers now.
Our case managers can answer your questions and connect you to an attorney.
Chat NowHow to File a Slip and Fall Lawsuit
The basic steps of a slip and fall injury lawsuit are outlined below.
1. Get a Free Case Review
Find out whether you qualify for a slip and fall lawsuit by reaching out to a law firm for a case evaluation. Many slip and fall firms will review your case for free and offer basic legal advice.
Get a free case review right now and find out if you qualify.
2. Collect Evidence
Once your eligibility is verified, your slip and fall lawyer and their support staff will start gathering evidence to build a strong case.
Evidence that may be useful includes:
- Emergency department or urgent care records
- Follow-up medical records
- Incident report
- Photographs or video from the scene of the fall incident
- Witness statements
3. File Your Lawsuit
Next, your personal injury lawyer will file your claim in the appropriate court before any deadlines. They will keep you updated as your lawsuit moves forward.
Slip and fall lawsuits have strict filing deadlines called statutes of limitations. For that reason, it’s crucial that accident victims contact a slip and fall lawyer as soon as possible after a fall. If you wait too long, you may miss your chance to pursue compensation.
4. Negotiate a Settlement
During settlement negotiations, lawyers for both sides will communicate back and forth in an attempt to reach an agreement that is acceptable to both parties. Your slip and fall lawyer will try to get you the most money available in your case.
Most personal injury cases are resolved through settlements. However, if an agreement can’t be reached, your case will go to trial to be decided by a judge or jury, and your lawyer will present your case in court.
Slip and Fall Lawsuit Settlements
Most slip and fall lawsuits end in settlements, which are typically paid out by the property owner’s insurance company. The amount of a slip and fall settlement depends on factors individual to each case, including whether the incident is expected to have long-lasting effects.
For example, head injuries can affect a person’s memory or speech and lead to a job change that results in a loss of income.
Factors that can affect a slip and fall settlement amount include:
- The extent of your injuries
- The amount of your medical expenses
- Whether your injury will cause permanent impairment
- Pain and suffering
- Level of negligence on the part of the property owner
- Your level of fault in the accident
Compensation from a slip and fall settlement can be used to help pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- And more
Get connected with a lawyer who can help you prove your slip and fall lawsuit — fill out our form for a free case review.
Proving a Slip and Fall Accident
For a slip and fall lawsuit to be successful, your lawyer will need to show that the property owner was negligent and that this negligence caused your accident and injuries.
In negligence cases, courts typically consider whether a reasonable person would have acted the same way. If the answer is no, then the property owner may be considered negligent.
Four things that an attorney must prove in a successful slip and fall case include:
- Negligence: A slip and fall attorney will need to show how the business or property owner was negligent. For example, did they fail to fix the lighting in a particular area, install warning signs, or block off dangerous areas?
- The negligence caused the accident: The lawyer must demonstrate that you slipped and fell as a direct result of the dangerous condition.
- The accident led to injury: The attorney must also establish that the slip and fall — and not another accident — caused the injuries specified in your lawsuit.
- The injury resulted in damages: Finally, your slip and fall accident lawyer must show that your injury resulted in damages. Proof of damages may include your medical records, medical bills, pay stubs, and other documents showing out-of-pocket damages.
Tip: After a slip and fall accident, it’s important to seek medical treatment as soon as possible. Any delay could cause the property owner’s insurance company to argue that you weren’t hurt as badly as you say or that your injuries were caused by a later incident.
How Long Do I Have to File a Slip and Fall Lawsuit?
Slip and fall claims, like all personal injury lawsuits, must be filed within a certain period of time.
Laws called statutes of limitations set filing deadlines that vary from one state to another. Once the statute of limitations expires in your case, you’ll miss your opportunity to take legal action.
In most states, people have 2-3 years from the date of the accident to file a lawsuit. However, in some states, this deadline is as short as 1 year.
The best way to ensure that a slip and fall claim is filed on time is to connect with a slip and fall injury lawyer as soon as possible.
Get Help From a Slip and Fall Lawyer
If you’ve been hurt in a slip and fall accident and don’t know where to turn, LawFirm.com can help. If you have a case, we can connect you with a top slip and fall attorney who can fight for justice and compensation on your behalf.
The slip and fall accident attorneys that we work with can handle a slip and fall lawsuit from start to finish. As a result, you’ll be able to heal from your accident without having to worry about the legal process.
Our legal partners:
- Can handle a case in all 50 states
- Have recovered more than $9.1 billion for injured clients
- Never charge any upfront fees
Get started now with a free case evaluation.
Slip and Fall Lawsuit FAQs
What is the highest settlement for a slip and fall?
Some of the highest reported slip and fall settlement amounts include:
- $18 million to a New York man who fell into an open manhole
- $12.2 million to a Pennsylvania woman who slipped and fell on ice outside a store
- $10 million to a Maryland woman who slipped and fell on a wet floor in a grocery store
Settlement values vary depending on the facts of each case. Some factors that can affect settlement payouts include the severity of the injury and whether the person will be left with a permanent disability.
Why are slip and fall cases hard to win?
Slip and fall cases can be hard to win because you must prove that the property owner’s negligence caused your accident and injuries.
That said, an experienced slip and fall lawyer can prove negligence on a client’s behalf. For example, they can review medical records, interview witnesses, and request video footage to show that the defendant’s negligence led to your injuries.
How do I get compensation for slip and fall?
The best way to pursue compensation for slip and fall injuries is to work with an experienced slip and fall lawyer.
A lawyer can file a slip and fall lawsuit on your behalf, collect evidence to prove negligence, and negotiate a settlement with a property owner and/or their insurance company. Additionally, they can take on all aspects of the lawsuit so that you can rest and heal.
How long does a slip and fall lawsuit take?
A slip and fall lawsuit can take anywhere from months to years from start to finish. The timeline depends on several factors, including how complicated the case is, if negligence is clear, and if the property owner agrees to a settlement.
In some cases, a lawyer may advise a client to wait until the extent of their injuries is known before filing a slip and fall lawsuit. This can prevent an accident victim from accepting a settlement that may not adequately compensate them for their injuries.
What to do after a slip and fall accident?
The first thing to do after a slip and fall accident is to get prompt medical attention.
If your injuries allow, take photos of the dangerous condition and get contact information for any witnesses. Next, contact the property owner and make a report.
Reach out to a slip and fall law firm as soon as possible. Slip and fall cases can be time sensitive — in most cases you have a limited amount of time to take photos of the dangerous condition and collect video evidence.
A slip and fall lawyer will act quickly to gather and preserve evidence to prove your case.
How do I find slip and fall attorneys near me?
LawFirm.com works with experienced slip and fall attorneys with a proven track record of success. They can handle cases across the country and never charge any fees in advance.
Call one of our slip and fall case managers at (888) 726-9160 to get started.
Get Legal Help Now
