Each year millions of emergency room visits are the result of slip and fall accidents; according to the National Safety Council, these slip and fall accidents are the single largest cause of trips to the Emergency Room.
Injuries from slip and fall accidents can range anywhere from minor sprains and strains to serious and debilitating permanent or catastrophic injuries.
In fact, that is not always the case. Property owners are not liable for all accidents that occur on their properties.
Slip and fall accidents can result from a number of different factors; carelessness or inattention on the part of the injured person is not an uncommon cause.
When an individual is injured through no fault of the property owner, there is no liability for the property owner. However, in the majority of cases slip and fall injuries are directly attributable to the negligence of the property owner and in those cases, the injured party is entitled to receive full and fair compensation for his or her injuries and damages.
To establish the property owners’ liability, the injured victim must be able to prove four elements; first, that a dangerous or defective condition existed on the property, second, that the dangerous or defective condition caused the injury, third, that the property owner knew or should have known of the existence of the dangerous or defective condition and fourth, that after becoming aware of the dangerous or defective condition and after a reasonable opportunity to make repairs, the property owner either failed to remedy the dangerous condition or failed to take proactive warning measures such as fencing off the dangerous area, posting warning signs, placing cones in strategic places or utilizing high visibility danger/keep out tape.
Notwithstanding property owners’ legal duty to maintain their property in a condition that does not pose an unreasonable risk of harm to users of the property, excluding adult trespassers (property owners still have a duty to protect against “attractive nuisances” which draw trespassing children to their property), every slip and fall case can be susceptible to claims that the injured person’s negligence was the primary cause of their accident.
Property owners frequently claim that any dangerous condition was “open and obvious” and that the victim could have avoided injury by exercising reasonable care. For that reason, it is very important to collect as much evidence at the scene as possible, including photographs of the hazardous conditions and complete witness information.
It is equally important to report the accident to the property owner or its agents or employees before leaving the property, as property owners will always dispute a “BLIND” slip and fall claim that was not reported immediately after the occurrence.
If you have suffered injuries as a result of a slip and fall or trip and fall accident, you need legal representation. Slip and fall and trip and fall cases are often subject to claims of comparative negligence on the part of the injured victim and that is particularly true in Utah.
Utah has adopted a modified comparative negligence statute which bars any recovery for injuries if a plaintiff is more than 51% at fault for the accident, regardless of the severity of the injuries. This law gives property owners and their attorneys a very strong incentive to claim that the injured victim was substantially responsible for his or her own injuries.
Because of the complexities in pursuing slip and fall or trip and fall claims in Utah, legal representation is a virtual necessity for a successful case outcome.
Slip and Fall and trip and fall accident victims are entitle to be fully compensated for:
• All related medical and hospital bills
• Past and Current loss of income
• Loss or reduction in earnings ability
• Pain and Suffering
• All other economic damages
Attorney David Altman has been honored as one of the Best Attorneys of America and received the TOP TEN (10) NAOPIA award. The National Academy of Personal Injury Attorneys is an organization devoted to recognizing the top Personal Injury lawyers in the nation and less than 1% of the more than 1 million attorneys in the United States have received this prestigious award.
Our law firm handles all aspects of personal injury cases with our no recovery, no fee guarantee. Please contact the Law Offices of David Altman, a top Saint George personal injury law firm dedicated to helping slip & fall and trip & fall accident victims and winning their cases for over thirty five (35) years in Utah and California.
If you have suffered a serious personal injury in St. George, Salt Lake City or anywhere else in Utah and are seeking aggressive, competent and superior legal representation, please call us for a free no obligation, confidential consultation at (435) 688-9999.