Who is Liable in A Slip and Fall Accident in The Workplace?
It can be quite burdensome if you’re lucky enough to survive a slip-and-fall accident but are seriously injured. You would have to miss a few days at work or, worse, be hospitalized for quite some time. Either situation can drain your savings and leave you financially vulnerable.
If you or anyone you know has suffered from a slip-and-fall accident at work, we’re here to help. This blog will discuss what to do when this happens, who is liable for slip-and-fall accidents, and how you can receive compensation for your injuries.
What is A Slip And Fall Accident?
A slip-and-fall accident is a personal injury claim wherein someone slips, falls, and is injured on another person’s property. These incidents happen almost anywhere, from the grocery store to the workplace.
There are many reasons why people trip and fall, but these are the most common:
- Wet floors
- Loose floorboards
- Torn carpeting
- Potholes or cracks
- Uneven flooring or sidewalks
- Missing handrails
- Poor lighting
These incidents can cause injuries as minor as a few bruises to something as severe as brain and spinal cord trauma.
It’s also worth noting that slip-and-fall accidents have a two-year statute limitation. This means you can only file a lawsuit against the property owner within two years of the incident.
Who is Liable For A Slip-and-fall Accident At Work?
They must look for potential hazards that could cause someone to trip and fall on their property. If not, they can be held legally liable for any accident that may occur because of their negligence.
Suppose an employee falls on their office’s emergency stairwell due to poor lighting. In that case, they can file a case against the owner for not ensuring that the area is properly lit. But for them to win their lawsuit, they need to prove three things:
- The defendant was negligent
- The defendant was aware of the potential hazard on their property
- The defendant’s negligence directly led to an injury
Anyone responsible for the upkeep of premises can be held responsible for a slip-and-fall accident. These include property owners, commercial tenants, and property managers.
Factoring in Comparative Negligence
Since California law follows a comparative negligence system, victims of slip-and-fall accidents can’t receive full compensation from a property owner if they contributed to their injuries.
Suppose you saw a wet floor in your office but chose to walk over it. In that case, the court will deduct the total compensation amount depending on the percentage of fault.
For instance, if the total damages you’ve sustained is $100,000, and you were 30% responsible for the incident. You’ll only get a $70,000 compensation for your injuries.
How Valuable Are Slip-And-Fall Accident Claims?
Typically, compensation for slip-and-fall accidents ranges from $10,000 to $50,000. An individual may be eligible to receive a higher compensation amount if their injuries are severe.
These claims also include coverage for economic and non-economic damages. Economic damages include medical bills and future wages, while non-economic damages involve emotional distress, pain, and suffering.
The value of your claim depends on the severity of your injury and whether there’s shared responsibility. Certain insurance providers calculate pain and suffering by taking a multiplier of economic damages.
Some victims get five times the amount of their medical bills and lost wages. In other cases, they calculate it per diem. They use this approach to pay victims for how many days they feel the pain of their injuries.
Do I Need A Slip-And-Fall Accident Lawyer?
Most people think these cases are simple. But in reality, they’re fairly difficult to win. Property owners often work with insurance providers for these incidents.
These providers will send adjusters to talk and negotiate with patients. They will try to offer you an initial claim that doesn’t reflect the true value of your case. These adjusters could also shift the blame on you and reduce the amount of your claim.
For this reason, finding a good slip-and-fall accident lawyer is crucial. Having a lawyer will not only make the legal process easier, but they will also help you get the compensation you truly deserve.
Your attorney will conduct their own investigation to determine the actual value of your claim. They’ll ensure that your claim includes any future treatments and rehabilitation programs you need to return to your normal life.
They’ll also be in charge of negotiating with the other party. It can be difficult to negotiate while recovering from your injuries. These discussions often take a while, and the defendant will try their best to undermine your claims.
But, by allowing your attorney to negotiate on your behalf, you can focus on your recovery and increase your chances of winning. Your slip-and-fall accident lawyer will do everything they can to get you a settlement that reflects the true value of your claim.
Seek Legal Help from Leading Personal Injury Attorneys
Adamson Ahdoot is a full-service civil litigation firm with over 100 years of combined legal experience handling all types of personal injury cases like a slip-and-fall in the workplace. With our help, you can trust that the best lawyers will handle your case with the intimacy and attention to detail of a boutique firm with the expertise of a larger one.
Our team will help you negotiate with your employers. We’ll use the evidence you’ve gathered to determine the true value of your claim and help you assess any settlement they may offer.
We proudly serve a diverse clientele with their car accident cases and offer free English and Spanish consultations. Call us at (800) 310-1606 and start building a robust claim today.
Above all else, our clients come first. We go above and beyond to obtain the highest level of compensation possible.Meet Our Attorneys
Multi-Focus Law Firm
Adamson Ahdoot has successfully executed a plethora of personal injury cases.Cases We Handle
Get in touch with our firm
Our team can better advise you on your legal options once we receive any available evidence about the incident.Take Action Now