Table of Contents
- Causes of Slip and Falls
- Slips and Falls Injuries
- What Is Premises Liability?
- How Can Burnett Law Slip And Fall Lawyer Help You?
- How Long Do I Have To File A Slip And Fall Claim?
- Call Burnett Law for Help with Your Slip and Fall Case
Slip and fall accidents can happen unexpectedly in any environment. There’s always a risk of slipping and falling at a supermarket, work, or someone else’s property.
The Centers for Disease Control and Prevention 2020 report states that one in four adults aged 65 and older fall yearly. This brings the total falls to 36 million yearly. Not all falls result in injuries, but 37% require medical attention or at least one day of restricted movement. In 2020 over 321,104 slips and falls accidents happened in Tennessee.
Slips, trips, and falls can result in many injuries, from broken bones to lasting paralysis or even death. The Bureau of Labor Statistics reported that falls accounted for 5% of job-related fatalities for women compared to 11% for men.
Property owners are responsible for providing a safe environment for workers to carry out their duties and ensuring the safety of customers and employees. Under Tennessee law, property owners must implement reasonable safety measures to prevent injuries on their premises. This includes promptly addressing known hazards and taking appropriate preventive measures against potential hazards. Failure to fulfill this duty of care by property owners eventually leads to someone getting hurt.
Negligence is a common cause of slip-and-fall accidents, signifying the failure to exercise reasonable care as required by law. Negligence encompasses various behaviors, such as failing to properly dispose of a banana peel or purposely tripping someone as a joke. Those responsible for such actions have breached their legal duty and can be held liable for the resulting injuries.
Proving slip and fall cases in court can be challenging since property owners often try to argue that you were at fault due to negligence or clumsiness. However, with the help of Burnett Law slip-and-fall lawyers, you can seek rightful compensation if you have suffered harm under these circumstances.
If you or your loved one has been injured due to a property owner or manager’s failure to address a hazardous condition on their property, you may have grounds to seek compensation. Contact a Burnett Law slip and fall lawyer at 931-484-7549 today to explore your legal options and protect your rights.
Causes of Slip and Falls
While some accidents are unavoidable, others can be prevented by implementing precautions. Unfortunately, slip and fall incidents often occur due to unsafe conditions on a property that could have been avoided. In such cases, the property owner is responsible for covering the costs associated with the resulting injuries.
Negligence can play a significant role in slip and fall accidents, and there are various scenarios where it may come into play. These include:
- Failure to maintain the property adequately.
- Neglecting to repair or replace a broken handrail on a stairway.
- Failing to provide necessary handrails in areas where they are required.
- Negligence in securing carpets or rugs leads to tripping hazards caused by tears or wrinkles.
- Broken stairs
- Waxy residue
- Cluttered, disorderly, or poorly lit walkways and hallways
- Neglecting to remove obstructions from the path of guests.
- Wet or slippery floors
- Failure to address leaks promptly, resulting in hazardous puddles on the floor.
- Ignoring reported safety concerns or hazards on the property.
- Electrical cords littered across a floor where people walk
- Uneven or unstable surfaces
- Dangerous staircases and ramps
- Loose gravel or dirt
- Spilled food or drinks
- Marble or granite surfaces
- Construction ladders, scaffolding
While these scenarios may not appear immediately dangerous, they can have severe consequences if left unattended. Property owners must take proactive measures to ensure the safety of their premises to prevent slip and fall incidents.
Below are some common locations slips and fall accidents happen:
- Grocery stores
- Department stores
- Convenience stores
- Environments regularly affected by rain, snow, or sleet
- Restaurants and bars
- Stadiums and arenas
- Parking lots and sidewalks
- Business offices
- Construction sites
- Gyms
- Apartment complexes
- Elevators or escalators
If you have sustained an injury at any of the mentioned types of businesses, contact Burnett Law. It is important to note that businesses and property managers must have insurance coverage for slips and falls accidents. Regardless of your uncertainty about the eligibility of your claim, contacting Burnett Law for a free consultation regarding your case is advisable.
Slips and Falls Injuries
Despite the initial surge of adrenaline that may temporarily mask the pain, slip-and-fall accidents can have significant consequences. Some people may be unable to get back on their feet without assistance. The injuries resulting from a loss of balance can encompass various conditions, including:
- Cuts and bruises
- Scars and abrasions
- Internal bleeding
- Blunt trauma to the head
- Damage to the spinal cord
- Fractured bones or teeth
- Paralysis or quadriplegia
- Permanent disfigurement
Even seemingly straightforward falls can lead to the need for surgical intervention and potentially give rise to multiple complications. It is essential to note that certain types of falls can even have fatal outcomes.
What Is Premises Liability?
Premises liability is a legal concept that places the responsibility on property owners and managers to ensure the safety of all visitors, whether they are guests in a private residence or customers at a commercial establishment. Property owners can be held accountable for injuries when they neglect their duty to provide a safe environment.
Types of Premises Liability Claims in Slip and Fall Cases:
- Negligence: Negligence is the most common basis for premises liability claims in slip and fall cases. To establish a negligence claim, the injured party must prove the following elements: duty of care, breach of duty, causation, and damages.
- Dangerous Conditions: Slip and fall accidents can result from a variety of dangerous conditions on a property, including wet or slippery floors, uneven or cracked walkways or pavement, poorly maintained stairs or handrails, insufficient lighting, debris or objects obstructing walkways, and hazardous conditions caused by weather, such as ice or snow
- Inadequate Warning: Property owners or occupiers must warn visitors of any known hazards that may not be immediately obvious. Failure to provide adequate warnings can give rise to premises liability claims. For example, if there is a slippery floor due to recent cleaning, the property owner should place warning signs to alert visitors.
- Transitory Foreign Substances: Property owners or occupiers may be liable if an injury occurs due to transitory foreign substances on the premises, such as spills or leaks. They must clean up or remedy such hazards promptly; they can be held responsible for injuries if they fail.
How Can Burnett Law Slip And Fall Lawyer Help You?
We will prove that the property owner’s negligence significantly contributed to your injury to position your slip-and-fall case for a fair settlement or trial. Our slip-and-fall lawyers will provide valuable help with an insurance claim by performing the following tasks:
Establishing Liability:
We will thoroughly investigate your case to determine and demonstrate the property owner’s liability. We will assess the circumstances surrounding your fall and ascertain whether the owner or manager of the property played a role in creating or allowing the hazardous conditions. We will gather evidence such as;
- Surveillance footage of your fall
- The incident and police reports
- Witness testimony
- Testimony from expert witnesses
- Maintenance records
- Records of slips and falls on the same property
- Pictures of the dangerous condition that caused your fall
Preventing Unfair Settlements:
Insurance companies often make quick settlement offers to victims, which may not adequately compensate them for their losses. We will ensure that any settlement offer considers the full extent of your losses, including future expenses. If your injuries result in permanent disability or an inability to work in the same capacity. In that case, we will negotiate a settlement covering ongoing treatment costs and reduced earning capacity.
Representing You in Trial:
If negotiations with the insurance company prove unsuccessful, we will guide you through filing a personal injury lawsuit. We will help you meet important deadlines, such as the state’s statutes of limitations, and handle the necessary paperwork. We will act as your advocate, representing your best interests to a jury and judge during the trial proceedings.
Working with Burnett Law slip and fall lawyer can strengthen your case, increase the likelihood of a fair settlement, and be prepared for litigation if necessary.
How Long Do I Have To File A Slip And Fall Claim?
In Tennessee, it is essential to be aware of the statute of limitations for personal injury claims, which is set at one year. This time limit means that you have only one year from the date of your injury to file a lawsuit, regardless of whether you initially underestimated the severity of your injuries.
Time tends to pass swiftly, and if you delay contacting a lawyer, you risk forfeiting your right to pursue compensation. That’s why it is crucial to immediately contact an attorney following an accident that causes an injury. Taking swift action can help protect your legal rights and ensure you have sufficient time to build a strong case for seeking the compensation you deserve.
Call Burnett Law for Help with Your Slip and Fall Case
If you or your loved one have been involved in a slip and fall accident, you may have legal options to seek compensation, such as an insurance claim or a personal injury lawsuit. By enlisting the services of a slip-and-fall lawyer, you can receive the necessary support in navigating your case and representation during trial proceedings.
With over 26 years of legal experience, we are well-equipped to help you manage intricate settlement negotiations and significant cases. To discuss your situation and explore the best action, contact us at 931-484-7549 to schedule a free consultation with a dedicated slip and fall lawyer in Tennessee.
Disclaimer: The information contained in this blog or on this website is provided for informational purposes only and should not be construed as legal advice on any specific subject matter. No person should act or refrain from acting due to any content included in the site without seeking legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the person’s state. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog or website.
