Falls are a common cause of serious injury. Multiple issues can cause someone to fall to the ground, from slippery surfaces to tripping hazards in a walkway. On residential and commercial properties, these dangerous conditions may arise due to negligent care of the premises.
Unfortunately, those who slip or trip and fall on a property may assume that their clumsiness led to the accident. Such a belief may prevent victims from exploring their legal options and pursuing the compensation they deserve.
If you have been injured in a slip and fall, trip and fall, or other type of accident on a dangerous property, The Flood Law Firm can help. Please call (860) 346-2695 today for a free case review. Our Connecticut slip and fall lawyers serve clients in Middletown, Danbury, Bridgeport, Waterbury, and all of Connecticut.
- Can I Sue If I Slip and Fall?
- Should I Get a Lawyer for a Slip and Fall?
- What Are the Causes of Slip and Fall Accidents?
- Common Injuries in a Slip and Fall
- Who Is At Fault for a Slip and Fall?
- Damages in a Slip and Fall Claim
- How Long After a Slip and Fall Can You Sue?
- What to Do After a Slip and Fall
- Are Slip and Fall Cases Hard to Prove?
- Contact a Connecticut Slip and Fall Lawyer Today
Can I Sue If I Slip and Fall?
You are not automatically entitled to compensation if you slip and fall on someone else’s property. Rather, you must show that the fall and your injuries occurred because of negligence on the part of the property’s owner or the party that controls the premises.
The slip-and-fall attorneys at The Flood Law Firm can investigate on your behalf and collect evidence of liability.
Elements of a Slip and Fall Claim
The following must be true for you to have a valid slip and fall injury claim:
- The property owner or occupant owed you a duty of care: The parties responsible for the premises have an obligation to exercise reasonable care in keeping the property safe, monitoring for potential hazards, and warning lawful visitors of foreseeable dangers.
- The owner or occupant breached this duty: Negligence is the failure to exercise due care resulting in breach of a legal obligation. Common issues of negligence in a slip and fall claim can range from failure to clean up a spill to inadequate maintenance of walkways on the property.
- Negligence resulted in harm: You must be able to show that your slip and fall injuries were caused directly by the negligence of the party in control of the property (i.e., the possessor).
- Your injuries resulted in damages: Slip and fall accidents can lead to a wide variety of injuries. In addition to presenting evidence of your injuries, you must also prove that your injuries led to economic and non-economic losses.
Should I Get a Lawyer for a Slip and Fall?
Generally, it is in your best interest to seek legal guidance after any injury or accident where someone else was at fault. Personal injury claims can be complicated, and an experienced lawyer can help you cut through the red tape and pursue the compensation you deserve.
Some of the ways a slip and fall attorney at The Flood Law Firm can assist you with your case include:
- Investigating the cause of the accident
- Interviewing witnesses.
- Reviewing photos of the accident scene (taken by you, a bystander, and/or a hired investigator).
- Obtaining surveillance footage of the property.
- Assessing liability
- Determining who has control of the property.
- Identifying available insurance coverage (i.e., homeowners insurance, renters insurance, commercial general liability insurance, etc.).
- Calculating damages
- Adding up the economic damages in your case, such as medical bills, lost wages, etc.
- Evaluating how the injury affects your day-to-day life.
- Hiring medical experts to assess your injuries and testify as to how they affect your life now and in the long term.
- Enlisting economic and industry experts to testify how your injuries affect your ability to earn a living in your chosen field.
- Negotiating with the insurance company on your behalf
- Trying your case in court (if necessary)
One of the major elements that sets the attorneys at The Flood Law Firm apart from other lawyers in the area is our willingness to take cases to trial. We have tried hundreds of cases in court, often achieving jury verdicts well in excess of pre-trial offers from the insurance companies.
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What Are the Causes of Slip and Fall Accidents?
Many different conditions on a property can cause someone to slip or trip and fall. Some of the most common causes of these accidents on a property include:
- Wet and icy floors, sidewalks, etc.
- Loose carpeting
- Uneven flooring
- Cracks, chips, buckling, and other damage to sidewalks
- Loose, uneven, and broken stairs
- Damaged and missing handrails in stairwells
- Objects left in walkways
- Insufficient lighting
- Potholes and other damage to pavement and asphalt
- Gravel, sand, and other debris on walking surfaces
These and other hazards often arise through the negligence of the person or party responsible for the premises. Another common issue in slip and fall claims is a failure to warn visitors of dangerous conditions (e.g., not putting up a caution sign in front of a wet floor).
Prompt investigation is crucial after a slip and fall accident. At The Flood Law Firm, our lawyers and staff get to work immediately to ensure that evidence is preserved and your rights are protected.
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What Is the ‘Ongoing Storm’ Doctrine in Connecticut?
The law in Connecticut provides some legal protection to the owner of a property if a dangerous condition arises due to active precipitation. Known as the “ongoing storm” doctrine, the party in control of a property is generally not required to take steps to minimize the danger posed by bad weather (especially snow and ice) until the storm is over.
Common Injuries in a Slip and Fall
Some of the most common injuries in slip and fall claims include:
- Traumatic brain injuries
- Injuries to the neck and back, potentially resulting in damage to the spine and spinal cord
- Shoulder injuries (such as a torn rotator cuff and dislocation of the shoulder)
- Broken bones – common bone fractures in a slip and fall include:
- Bone breaks in the hands and wrists
- Broken elbows
- Tailbone fractures
- Broken hips
- Fractures of the patella (kneecap)
- Ankle fractures
- Injuries to soft tissues (such as ligaments, tendons, and muscles)
- Lacerations
Any of these injuries can require significant medical treatment and rehabilitation, affect your ability to work, and leave you with chronic pain. The financial cost associated with these injuries is often exacerbated by the negative effects on your quality and enjoyment of life.
In some cases, falls can be fatal. According to the National Safety Council, nearly 40,000 people died as a result of falls in 2019 (the most recent year of data).
The Flood Law Firm can help if your loved one was tragically killed in a slip and fall accident. Our lawyers can pursue a wrongful death claim on behalf of your family to recover compensation for your losses.
Who Is At Fault for a Slip and Fall?
In Connecticut, the party in possession and control of a property is liable for injuries sustained by lawful visitors in slip and fall accidents. As such, the defendant in many slip and fall claims is the owner of the premises. However, if the property is leased to another party, the tenant or occupant is generally responsible for ensuring the premises are safe for visitors.
This scenario may arise in accidents on both residential and commercial properties. For example:
- The tenant of an apartment, condominium, or rental home may be responsible for care and maintenance of the property. In this case, the tenant – rather than the landlord or property management company – may be liable for a slip and fall.
- Businesses commonly lease commercial properties. Commercial tenants generally take on responsibility for the safe condition of the premises.
Filing your claim against the correct defendant is crucial for successfully recovering compensation. Slip and fall lawyers at The Flood Law Firm will investigate thoroughly to determine who is at fault for your injuries.
Damages in a Slip and Fall Claim
The compensation that may be recovered after a slip and fall accident will depend on factors such as the severity of your injuries and the extent of damages you sustain. If you suffered injury in a slip and fall, you may be entitled to compensation for the following losses:
- Medical expenses
- Lost wages and loss of earning capacity
- Out-of-pocket costs (such as travel for medical treatment and rehabilitation, modification of your home and/or vehicle, etc.)
- Pain and suffering
- Emotional distress
- Disability
- Loss of enjoyment of life
Many law firms only focus on high-dollar catastrophic injury and wrongful death claims. At The Flood Law Firm, we believe this approach unfairly denies many injured people access to quality legal representation.
Our team handles all types of slip and fall claims. We combine the skill and experience of a trial law firm with the dedication to personal service and community focus you expect from a local attorney’s office in your neighborhood. Together, these traits enable us to handle cases of differing seriousness and complexity while maintaining a high rate of success.
What Is the Average Settlement for a Slip and Fall Case?
Ultimately, the value of your slip and fall case is subject to too many unique factors for an “average” settlement to apply. You should focus on recovering compensation for your losses, not the results others have attained.
Attorneys at The Flood Law Firm can evaluate your slip and fall claim and advise you how much you may be due in compensation. Then we pursue recovery of damages, whether through a fair settlement or taking your case to trial.
How Long After a Slip and Fall Can You Sue?
As with other types of personal injuries, slip and fall claims must be brought within two years of the accident. The same statute of limitations applies in cases of wrongful death that arise from a slip and fall or trip and fall.
Recovery from serious injuries or the death of a loved one can be all-consuming. Given the limited time you have to file a claim after a slip and fall, it is important to speak to a lawyer as soon as possible to get started on your claim.
At The Flood Law Firm, we know that time is of the essence. We also know the stakes in your case. Our lawyers draw upon extensive experience handling premises liability claims and an aggressive approach to advocacy to take immediate steps toward building a strong case on your behalf.
What to Do After a Slip and Fall
If you are injured in a slip and fall accident, the first step you should take is to seek medical attention. You should go to a doctor or the emergency room as soon as possible, or call 911 if your injuries are serious.
Medical professionals will perform tests to evaluate your injuries and provide care recommendations. It is important to comply with your doctors’ orders concerning treatment and rehabilitation.
Although receiving medical attention after a slip and fall is crucial, there are steps you can take while you are on the property if you don’t believe your injuries require immediate medical attention:
- Determine what caused you to slip and fall (i.e., look for dangerous conditions at the scene).
- Take pictures of the spot where you fell and the nearby area.
- Speak to witnesses who saw you slip and fall.
- Look for and make note of any cameras in the vicinity.
- Report the accident to the property owner. Businesses and government agencies may ask you to complete an official form reporting the incident.
You should also contact a lawyer as soon as possible. Our slip and fall lawyers can protect your rights, investigate on your behalf, and represent you in negotiations with the property owner or occupant and/or the insurance company.
Are Slip and Fall Cases Hard to Prove?
Many slip and fall accidents occur due to temporary conditions. Slippery floors dry quickly, dangerous objects can be removed, and damaged walkways can be repaired. Because the danger on the property is often so short-lived, it is crucial to document the condition that caused your slip and fall as soon as possible.
Without evidence of negligence on the part of the property owner or occupant, you will be unable to recover compensation for your slip and fall injuries and damages. Attorneys and staff at The Flood Law Firm act quickly to secure documentary evidence, eyewitness testimony, and more to build your claim. We also investigate prior accidents on the property.
If someone else was previously injured by the same issue that caused your slip and fall, we can argue that the liable party knew about the danger and failed to take corrective action or warn visitors. Such a failure represents negligence, proof of which increases the likelihood of a favorable result in your claim.
Contact a Connecticut Slip and Fall Lawyer Today
Slip and fall accidents are common occurrences. Even when a fall results in serious injury, many victims are unsure of their legal rights and options.
If you slipped and fell due to an unsafe condition on a property, The Flood Law Firm can help you pursue the full compensation you deserve. Our results speak for themselves, and our clients say the rest.
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At The Flood Law Firm, we make it our mission to obtain a favorable outcome on your behalf – via settlement or trial verdict. With our knowledge, experience, and resources on your side, you can feel confident that a qualified legal team is acting in your best interest and pursuing a favorable result that will enable you to move forward with your life.
Please call The Flood Law Firm at (860) 346-2695 today for a free evaluation of your case. Our Connecticut personal injury lawyers serve clients throughout Connecticut at our offices in Middletown, Danbury, Bridgeport, and Waterbury.
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"Above and beyond customer service. The entire staff is very professional and committed to excellence. I usually do not write reviews, but my experience working with Flood Law Firm exceeded my expectations." - Evelyn B. ⭐⭐⭐⭐⭐
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Connecticut Office
190 Washington Street
Middletown, CT 06457
P: (860) 346-2695
