There may be very few things that are worse than being injured in a slip and fall. You are just going about your day, grocery shopping, running errands, or visiting a friend or relative, and suddenly, you are on the ground, injured and confused. Initially, you may have no idea what actually happened. Then, you may notice the puddle of water, the height difference in the sidewalk’s concrete, or the splintered stair tread above your head. At that moment, your biggest concern may be getting medical treatment, but once you have done so, your next concern should be ensuring that the responsible party is held accountable. An experienced New Hampshire slip and fall lawyer may be of assistance in filing a claim to recover damages for your injuries. Call the experienced slip and fall attorneys Friedman & Bresaw, PLLC at (603) 707-4800 to schedule a consultation and review your case.
What Is a Slip and Fall Accident?
A slip and fall, also sometimes called a trip and fall, is a specific type of accident that occurs when someone slips or trips and then falls on another individual’s property. There are two types of slips and falls, same level and elevated level. Same level slips and falls are more frequent and generally result in less severe injuries. A same level slip and fall might be when someone slips on a wet floor or trips on unlevel or loose flooring.
Elevated level slips and falls are less frequent but usually result in more serious injuries than same level slips and falls. An elevated level slip and fall might be when someone falls off a ladder or loading dock, or down a staircase.
Possible Injuries in a Slip and Fall
Slip and fall accidents can occur in many ways, including uneven ground, poorly maintained stairs, swimming pools, and poorly maintained porches or decks. Other potential slips and falls can occur due to missing or damaged handrails, malfunctioning escalators or elevators, boxes or merchandise obstructing paths in aisles, torn carpeting, or recently mopped, waxed, or polished floors. The wide variety of circumstances under which a slip and fall can occur means there is also a wide variety of injuries that can result from the accident.
Some of the injuries that can occur include head trauma, cuts and gashes, broken bones, sprains and strains, neck injuries, soft tissue injuries such as torn ligaments or tendons, ankle injuries, fractured or cracked vertebrae, pinched nerves, headaches, dizziness or lightheadedness, lost consciousness or fainting, intense pain, and difficulty breathing. These injuries may be obvious right away or they may not be apparent until a few hours or days later. Even if an individual feels uninjured after a slip and fall, they should still seek medical attention to be sure there are no injuries and that any injuries they do have are documented.
Proving Liability in a Slip and Fall
Sometimes people fall for no apparent reason. They may have a dizzy spell, have mobility issues, or other reasons that contribute to their fall that have nothing to do with the location of their fall. This is why individuals must be able to prove liability in a slip and fall case. Unfortunately, this can be difficult. NH Section 508:4 gives individuals three years from the date they discover or should have discovered their injuries to file their claim, so it is important to consider speaking with a slip and fall lawyer and begin building a case as soon as possible after the accident. However, NH Section 508:4-b allows eight years to file a claim if the injury was the result of construction.
Premises Liability vs. Personal Injury
Slips and falls are a type of personal injury case, but they are typically pursued under the broader category of a premises liability case. Personal injury is about another individual’s actions, such as when a driver runs a red light and hits another vehicle in a car accident. Premises liability is about the condition of the property on which the injuries occurred.
Most individuals are not familiar with the laws that surround personal injury or premises liability. For this reason, they should consider meeting with a slip and fall lawyer. A skilled slip and fall attorney may be able to guide their client through the process.
What Must Be Proven for Premises Liability
Most slips and falls are considered premises liability claims. Therefore, the injured individual must be able to prove specific facts in order to prove the property owner or renter is legally responsible for their injuries.
The injured individual must be able to prove at least one of the following:
- The property owner, renter, or an employee must have caused the situation that caused the fall.
- The property owner, renter, or employee must have known about the dangerous situation and did not take action to correct it.
- The property owner, renter, or an employee should have known about the hazardous condition if a reasonable person would have been aware of and resolved the situation.
The third is often the most difficult to prove fault under. The requirement that a “reasonable person” would have been aware of and resolved the situation is a difficult one to prove. A knowledgeable slip and fall lawyer may be able to assist their client in gathering evidence and proving that a reasonable person would have been aware of and resolved the situation.
Who Is Liable in Slip and Fall Cases?
Initially, it may seem clear that one particular party is responsible for an individual’s slip and fall. However, depending on the property’s use and who owns it, there may be several different parties that could be responsible. For example, a store owner who also owns the property the store is located on would be responsible, but if a store owner rents their store space in a shopping plaza and the slip and fall occurs on the sidewalk outside, the shopping plaza owner may be responsible if the store owner is not responsible for maintaining the sidewalk. Responsible parties can include property owners, property renters, property managers, non-owner residents, or anyone who has been tasked with maintaining the property. This applies to both commercial and residential properties. Because there are so many potentially responsible parties, individuals may want to speak with a slip and fall lawyer with Friedman & Bresaw, PLLC to learn more about determining liability.
Damages in Slip and Fall Cases
The purpose of a slip and fall claim is to recover monetary damages for the injuries the individual sustained. These damages can include current and future medical expenses related to the accident. They may also include pain and suffering, disfigurement and disability, mental anguish, loss of consortium, and loss of enjoyment of life. Individuals may also request out-of-pocket costs that resulted from their injuries, such as modifications to their home, housekeeping assistance, medical equipment such as crutches or wheelchairs, or medical supplies. An experienced slip and fall lawyer may be able to assist individuals in determining expenses that can be included in their claim for damages, as well as any other damages the individual may be able to ask for.
How Can a New Hampshire Slip and Fall Lawyer Assist You?
Legally, individuals are not required to hire a slip and fall attorney to be able to file a claim for their injuries. However, hiring a slip and fall lawyer in New Hampshire may make filing the claim an easier, smoother process.
A slip and fall lawyer may be able to:
- Explain how the law pertains to the individual’s specific claim
- Address any particular concerns the client has
- Offer resources the client may not have access to on their own, such as expert witnesses
- Gather evidence such as incident reports, witness statements, photos and videos, and medical reports
- Assess the individual’s injuries to ensure they are asking for the most compensation possible
- Negotiate a settlement if necessary
- File the claim on the client’s behalf so the client can focus on recovering from their injuries
Contact a Slip and Fall Attorney To Learn More About Your Legal Rights
Slips and falls may sound like minor accidents, but they can cause severe injuries and even temporary or permanent disabilities. When a property owner does not properly maintain their property and this lack of maintenance results in an injury, the property owner should be held responsible. If you have suffered injuries as a result of someone failing to properly maintain their property, an experienced New Hampshire slip and fall lawyer with Friedman & Bresaw, PLLC may be of assistance with your claim. Call (603) 707-4800 to review your case and explore your legal rights in a free consultation.
