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Slip and falls cases are very special cases and arise from slipping or tripping on wet, slippery or greasy surfaces, unexpected holes in sidewalks, ice or snow accumulation, inadequate lighting, spilled food or drink in a restaurant or store, torn, raised or worn carpeting, obstructions such as electrical cords, other hidden hazards on areas that residential and business property owners as well as local, city, state and even federal government entities should be properly maintaining.
Accidents can also happen as a result of uneven surfaces slippery surfaces, cracks in the floor, liquids not timely removed, snow, ice, poor lighting, abrupt changes in flooring levels or potholes and cracks in the ground. These falls can be extremely dangerous, resulting in severe injuries.
If your accident occurs because of a negligent condition, you may be able to pursue a claim against the property owner or tenant to recover damages for your injuries and our objective is to maximze your recovery.Premises Liability.
You can also pursue a claim for damages against a state, county, city or other public entity if your accident occurs on government-owned property such as a sidewalk or subway station.
Even if you believe that your actions partially contributed to your accident, it may be possible to receive compensation for the damages you suffered.
Property owners have the duty and obligation to maintain their premises in a reasonably safe manner That includes keeping walkways free of ice, stairs and balconies in good repair, and secured premises safe from foreseeable criminal acts manner.
Slip and fall accidents arising from negligence can occur anywhere, from public property such as an apartment building or shopping mall, to private property like a neighbor's deck. Even when you are injured on a family member's or friend's property, it can be possible to receive compensation for your injuries from an insurance company without damaging your relationship. An experienced slip and fall accident lawyer can advise you on your options. When you are injured due to negligence, you have a right to legal compensation. For each of his cases, Mr. Hyatt carefully evaluates every source of information that fairly shows and places fault with the property owner. He obtains footage from video cameras, interviews former employees of the establishment, and carefully documents the condition of the property at the time of the fall. In addition, Mr. Hyatt will often bring in a materials expert to evaluate the degree of defect on the property at the earliest opportunity. The Law Firm of Jack I. Hyatt, Esq. provides aggressive and experienced legal representation to accident victims.
What is a slip and fall?A slip and fall or trip and fall is the generic term for an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground.If you are on someone else's property and injure yourself as a result of a dangerous condition on the property, the land owner or business proprietor may be liable for your injuries. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries.
What is a dangerous or hazardous condition?Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In some instances it may not be apparent, as in flooring which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid spill in a supermarket aisle.In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs. You should also be aware that floor or ground conditions may change, and you may need to preserve or record the condition that caused your injury (typically with a photograph or videotape). In addition, every state has a "statute of limitations" which limits the time you have to act. Some states require you to give notice to certain types of landowners, such as municipalities, within as little as 30 to 90 days of the incident. If you do not give the required notice, or sometimes file a claim or lawsuit within the time set by law of the state in which the injury occurred, you lose your ability to recover from the landowner. If your injuries turn out to be more severe than they first appear, you'd be in trouble. If you have a valid claim against the landowner for your injuries, delay may be fatal to your claim. You should act quickly to evaluate your options. If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, make a mental note. If possible, get the name of the person who make the comment. As soon as you are out of the store, write down the name and what exactly the person said, and who else heard him make the statement.
What should I avoid doing?Be very careful about signing any statement regarding the incident; if there are any errors, or if it sets out part of the facts but not all of them, you may be held to an incomplete or misleading representation of the facts. If you provide a statement, get a copy for yourself. Be careful also about what you say. Saying "I'm so clumsy, it probably was my fault" may make you feel better, but would hurt a claim if it turns out others fall there all the time.Many cases will also require bringing in an expert witness, especially if the dangerous or hazardous condition is not apparent (as in a slick surface), who can evaluate the condition and testify as to what caused you to fall, based on his/her technical education, training or experience
Do I need an attorney?While some slip and fall cases can be handled on your own in Small Claims Court, most will require the assistance of counsel. Slip and fall cases can be difficult to win in court (see below). An attorney should provide a competent assessment of your case, and will deal with the land owner or his/her insurance carrier. An attorney can locate experts to help in the evaluation and presentation of your case, if it proceeds to trial. Most slip and fall cases are handled as contingency fee cases, which means that the attorney is paid at the conclusion of the case, and only if you recover.If you believe you are a victum, let Jack I. Hyatt, a Maryland slip and fall accident attorney fight to maximze your recovery 410-486-1800.
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