Slip and fall accidents can happen anywhere, from when you are shopping at a grocery store, walking around a neighbor’s property, or even on a public sidewalk. A slip and fall may seem like an inconsequential event, but these incidents can result in serious injuries, including broken bones and even traumatic brain injuries. These injuries can be detrimental and can leave victims with massive medical bills, lost wages, and significant and sometimes lifelong pain.
So what can you do after a slip and fall accident? At LifeLaw Personal Injury, we understand the challenges of recovering from a slip and fall accident and what it takes to establish liability for your injuries. Establishing liability is the most crucial step in your journey to securing compensation for your injuries, and in this article we aim to outline exactly how liability is determined in Utah and what steps you can take to prove it.
Understanding Liability in a Slip and Fall Case
In Utah, establishing liability in a slip and fall case typically hinges on proving negligence. This means showing that the property owner or manager failed to maintain a safe environment, leading to your accident. To succeed in a personal injury claim you must demonstrate these key elements:
- Duty of Care: The property owner has a legal responsibility to ensure that their premises are reasonably safe for all visitors. For example, a store in Salt Lake City must regularly inspect and ensure its floors to prevent hazards like spills or uneven surfaces.
- Breach of Duty: You will need to prove that the property owner failed to uphold their responsibilities of maintaining their property. For example this could be the business owner neglecting to clean up a spill, failing to repair a broken step, or not warning visitors of any potential known hazards on the property.
- Causation: This refers to establishing that the property owner or management’s failure to complete their duties is the direct cause of your accident. For example, if you were shopping at a grocery store and fell due to a spill on the floor that was unmarked, then their negligence is directly the cause for your fall.
- Damages: The damages refers to the actual harm that you suffered from. This can include medical expenses, losses of income, and the pain and suffering you may have experienced as a result of your accident.
Negligence Law
One important aspect of Slip and Fall cases in Utah is the state’s rules on negligence. Utah follows a comparative negligence law which means that if you were found partly responsible for the accident, then your compensation may be reduced by your percentage of fault (if you were found responsible for 20% of the accident you would only receive 80% of the potential settlement). It is important to note that if you are found more than 50% responsible you will not be able to recover any damages from the incident.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can occur due to various hazardous conditions including:
- Wet or slippery floors
- Uneven or cracked sidewalks, especially common in downtown or more urban areas
- Poor lighting in parking lots or stairwells.
- Unmarked obstacles or debris.
- Faulty handrails or broken steps.
Any property owner, whether they manage commercial species, rental properties or public areas, are responsible for addressing any of these hazards promptly. If they fail to do so, then they may be held liable.
Steps to Prove Liability in a Slip and Fall Case
To build yourself the best possible case and maximize your chances of fair compensation, follow these steps after a slip and fall accident:
Seek Medical Attention Immediately:
Your health is your top priority. After you have been injured visit a doctor or an urgent care as quickly as possible, even if your injuries may seem minor. During a personal injury case your medical records will serve as your main and most critical evidence, as it links your injuries directly to the accident. Try your best to attend treatment consistently, and do not delay seeking treatment for your injuries. Insurance companies look for any faults in your case and a delay in treatment could be a red flag for an insurance company to argue that your injuries were not severe, and not due to your accident.
Document the Scene:
If you are able to, gather as much evidence as possible at the site of your accident. Try to gather as many photos and videos at the scene of the accident of the hazard that caused your fall (a spill, icy patch, broken steps etc). If you can, try to capture all of the conditions in the area as this added context can help paint a picture of what led to your accident. These pictures can include a lack of warning signs or poor lighting.
If you are unable to collect photos or videos due to your injuries, reach out to a family member or a friend to go to the scene of the incident. Photos and videos are key to a good slip and fall case!
Collect Witness Information:
Eyewitnesses can help strengthen your case by corroborating your account of what happened. If there were people where you fell, gather their contact information and reach out to them for their testimony of what happened. These testimonies can be vital to a case, helping to strengthen your story and establish what exactly happened at the scene of the incident.
Report the Incident:
Notify the property owner or manager about the accident as soon as possible. If it occurred in a business, ask to file an incident report and request a copy. Try your best to be cautious about what you say, sometimes in the heat of the moment we can downplay our trauma or injuries and sometimes admit fault for something that wasn’t your fault. Simply state the facts of what happened.
Preserve Evidence:
Keep any physical evidence from the day of the incident. Physical evidence can include the shoes or clothing you were wearing during the fall (could contain wet stains from a spill), as well as possible broken items. Save receipts for medical expenses, prescriptions, or other costs related to your injury.
Challenges in Proving Liability
When you have been injured on someone else’s property proving liability can be a headache. A property owner or their insurance company will try their hardest to discredit any claims to your injury. A property owner will try to find any excuse they can to fight your claim, they may argue that they were unaware of the hazard that led to your injuries, or perhaps that you were acting carelessly. Some of their arguments may include the following:
- The hazard was “open and obvious” (for example a visible spill that could have been avoided).
- The property was adequately maintained and the hazard appeared suddenly.
- You were distracted and not paying attention, contributing to your fall.
For a successful slip and fall case you will need to know how to counter these defenses, this is where a Utah slip and fall attorney can be crucial. Your or your attorney will need to prove that the property owner or manager knew or should have known about the hazard that led to the incident, or that they failed to act to prevent your injuries. For example, this could include scanning through security footage to show that a spill was present for hours without being cleaned, or that the owner neglected regular inspections.
Consult With a Slip and Fall Attorney:
Proving liability can be complex, especially when dealing with insurance companies or property owners who may deny responsibility. These people will often give you the run around and can be difficult to deal with on your own, that is where LifeLaw Personal Injury can help. Our team of Salt Lake City slip and fall lawyers can help you investigate the accident, gather records, and negotiate with the insurers on your behalf. Utah’s statute of limitations for personal injury claims is four years from the date of the accident, but acting quickly can ensure that your evidence is preserved and can help strengthen your case.
If you or a loved one was injured in a slip and fall accident, do not wait to act! Make sure to follow the steps listed above and gather as much evidence as possible, but do not wait to get legal representation.
At LifeLaw Personal Injury our team of Utah slip and fall attorneys have extensive experience helping residents recover compensation for slip and full injuries. Let our team of the best attorneys take time to build your case and get you the compensation that you deserve. If you were injured in a slip and fall give us a call today for a free consultation and to discuss your next steps.