Huntsville Slip and Fall Lawyers
Premises liability cases involve an accidental injury on another person’s property due to the property owner’s negligence. These cases usually involve a dangerous or defective condition that causes someone to slip and fall or trip and fall.
What We Must Prove to Win a Slip and Fall Case
The elements of proof depend on the purpose of the injured person’s trip to the property.
If the person was on the premises for the material benefit of the property owner, then that person is considered an “invitee.” Invitees are owed the highest duty of care to prevent injuries. The typical example of an invitee is when a person goes to a store to buy items.
If the injured person is an invitee, we must prove that (1) there was a dangerous condition (2) that the owner knew of or should have known of (3) that caused you to fall; and (4) that the owner did not take reasonable measures to warn about or fix the dangerous condition. In addition, we must be able to show that the dangerous condition was not “open and obvious” to the injured person.
If the person was on the premises, but not for the material benefit of the property owner, then that person is a “licensee.” The typical example is someone who is injured while at a social event at another person’s home.
If the injured person is a licensee, we must prove that the owner actually knew of the dangerous condition and failed to take reasonable measures to prevent injury. Proving actual knowledge of the danger can be difficult, but we have handled such cases.
How We Prove Slip and Fall Cases
The first step is gathering evidence of the dangerous condition. For example, if stairs were in a dangerous condition, we want to take measurements and photos. If you slipped on something, we want to gather information about the substance and contact witnesses.
In addition, we send the business a spoliation letter, which requires them to preserve any evidence such as surveillance video footage. Spoliation letters can be extremely important to secure evidence to win the case.
Once we gather the evidence and you complete medical treatment, we try to negotiate with the insurance company. If they refuse to accept liability, we then pursue the case in court if we believe there is sufficient evidence to win the case.
Injuries from Slip and Fall Cases
The most common injury we see from slip and falls or trip and falls are fractures. We have handled cases involving fractured femurs, pelvises, tibial plateaus, ulnas, collarbones, and tailbones. When an unexpected fall occurs, many people do not have time to brace themselves for impact. When that is the case, fractures happen.
We have also handled cases involving torn ligaments or tendons. In one slip and fall case we handled, our client suffered a torn rotator cuff, torn meniscus, and a torn ACL.
How are Slip and Fall Lawyers Paid?
Our attorneys are only paid if we win your slip and fall injury case. We work on a contingency fee, which means we are paid a percentage of the settlement only if we win your case.
Depending on the facts of your particular case, that contingency fee can be anywhere from 33.3% to 40%. The factors determining the fee percentage include degree of difficulty of the case and whether the case is settled pre-suit or must be litigated.
Businesses We Have Had Success Against
We have settled slip and fall cases against Wal-Mart, Dollar General, KFC, Logan’s Roadhouse, Home Depot, McDonald’s, and many others. In every single case, the insurance company refused to consider settlement in the early stages.
Here are some of our notable settlements in cases involving injuries from slips, trips, or falls:
- $550,000 settlement in case involving permanent injuries due to slip on wet floor at fast food chain
- $520,000 settlement involving multiple surgeries due to a tripping hazard
- $125,000 settlement involving shoulder surgery due to wet floor at retail store
- $250,000 settlement involving fractured hip and arm due to tripping hazard at nursing home
Let Us Get to Work
If you or a loved one has been injured due to a dangerous condition on someone else’s property, please reach out for a free consultation.