Slip and Fall

One can imagine any number of ways that a slip and/or trip and fall accident can occur. And indeed, the attorneys at M|J Law have witnessed firsthand the many ways that business owners put profit over safety, and negligently allow slip and/or trip and fall hazards to present themselves. The following are but a few of the common causes of slip and/or trip and fall accidents:

• Wet or slippery floors: This is undoubtedly the leading cause of slip and falls. Slippery floors can be caused by many factors, including spilled liquids/beverages, rain which has been tracked in from the outside, recently mopped floors, food products which have thawed, etc.
• Uneven or cracked sidewalks: Uneven or cracked sidewalks/walkways frequently cause trip and fall accidents. That is because when people are walking on a flat, paved surface, they intuitively assume that the surrounding environment is similarly flat. They don’t expect that someone would negligently allow a sudden change in elevation to occur without warning. 
• Poorly lit areas: When a property homeowner provides inadequate lighting, it can have the unintended consequence of obscuring visibility, and thus, preventing people from seeing where they are walking. Many times, this is inadvertent, but it doesn’t absolve the property owner of liability for the resulting harm. 
• Loose or torn carpeting: Negligently maintained carpets are a common cause of trip and fall accidents. As many of us know, carpets are not immune to wear and tear. Over time, carpets become worn, broken down, and uneven. Unfortunately, those who are not familiar with the carpet at issue, may not notice a tear or defect, and can get their feet caught in the carpeting and fall. 
• Cluttered walkways/debris: Cluttered walkways are common in retail stores, supermarkets, and big box stores. They are also predictable, which is why business owners should take extra precautions in preventing them from occurring. Whether it is discarded shrink wrap, protruding shelves, or unattended clothing, cluttered walkways are a problem. That is because the consumer is focusing on what they are going to buy (as the business owner hopes and expects), and not hidden and unpredictable hazards. 
• Icy or snowy conditions: It is not surprising the ice and snow can cause slip and falls. One can hardly imagine a more slippery surface than an icy driveway, staircase, or walkway. Why these types of conditions are caused by natural events outside of a business owners’ control, they are also highly predictable in todays day and age. With modern technology and meteorological data, snow and icy conditions are known well in advance, which makes mitigating their impact pretty easy. When business owners, apartment complexes and other premises owners ignore and neglect obviously unsafe walkways, they unjustifiably put their customers at risk.
• Unstable/uneven staircases/steps: Staircases and steps commonly cause trip and fall accidents. That is precisely why there are numerous building codes regarding how steps and staircases to ensure that they are safe for the public. Most people assume that steps and staircases are uniform, consistent, and are similar elevated off the ground. Unfortunately, that is not the case. Yet, that is precisely why these can become problematic. Your brain assumes the step will be like any other you have encountered time and again, and when it isn’t, a fall occurs. Determining whether a step or staircase meets the applicable standards and building code is a crucial component to determining whether the business owner is liable.

Slip and fall accidents are often dismissed are relatively minor. But that is rarely the case. While some falls lead to minor injuries which heal relatively quickly, others can lead to significant, long standing, and permanent injuries. The World Health Organization reports that each year an estimated 37.3 million people are hospitalized as a result of injuries from falls. Common injuries which result from slip/trip and falls include:

• Fractures and broken bones
• Sprains and strains
• Head injuries, including concussions and traumatic brain injuries (TBIs)
• Back and spinal cord injuries
• Cuts and bruises
• Depression, anxiety and PTSD

This list is not exhaustive. Slip and falls can happen in any number of way and in almost any location, which leads to different body mechanics and varying forces of impact. There are many injuries that can be caused by a slip and fall. If you believe you have been injured in a slip and/or trip fall at a business, store, or other public place, you should seek the advice of an experience attorney, no matter how minor you believe your injuries are. The attorneys at MJ Law have extensive experience litigating these types of cases and stand at the ready to provide guidance and support.

• Document the Scene: One of the most important things you can do outside of seeking necessary medical attention is to document the scene of your fall. That includes taking photographs of the accident scene, including whatever condition caused your fall (i.e., liquid, debris, discarded items, etc.). Be thorough. Take pictures from different angles. Oftentimes, photographs from different angles can capture things which can later be invaluable to your case. Taking videos is also highly recommended, as it can capture statements made at the scene, and can later assist in accident reconstruction. 
• Report the Incident: A critical step is to notify the property owner and/or a manager about the accident and ensure that an incident report is filled out and provided to the owner/manager. Be deliberate about this step. If the property owner doesn’t have a formal “report,” send written correspondence regarding notice of your fall, such as an email. If you do not notify the property owner and/or manager at the location where you fell and you later make a claim, they will criticize you for not notifying them. 
• Gather Witness Information: This is a step that is often overlooked. But collecting contact information from persons who may have witnessed the accident can be invaluable. They often will remember things which you will not, and see things from different angles. When disinterested and unbiased witnesses can verify what occurred, that can be the best evidence to leverage an appropriate settlement. 
• Seek Medical Attention: Your health and safety are the number one priority. Get medical treatment immediately, even if you believe your injuries are relatively minor. Oftentimes, the shock of a fall can cause your body to produce adrenaline, which makes you feel less injured than you really are. If you delay in seeking medical attention and later make a claim, the at-fault party, the insurance carrier and their attorneys will undoubtedly criticize you for not promptly seeking medical attention. 
• Do Not Give A Statement: Oftentimes, the company where you fell or their insurance company will ask you to give a recorded statement. Do not agree to that. They are simply trying to pin you down and use your words and statements against you. Their goal is to pay you as little as possible, and getting you to make a recorded statement helps them do that. 
• Keep Records: Keep all documents, photographs, emails, text messages, etc., related to your fall. That includes medical treatment records, bills, expenses, and any correspondence with the property owner or insurance companies.

To recover financial compensation for injuries from a slip and/or trip and fall, you need to establish that the business or property owner was negligent. Property owners have a duty to keep their property reasonably clean, which includes removing any hazardous conditions which they should be aware of. More often than not, slip and fall accidents could have been avoided had the business owner complied with that duty. In order to establish that a property owner was negligent, you need to prove the following elements:

• Duty of Care: Every property owner has a duty to maintain their premises in a reasonably safe condition. That duty includes conducting periodic inspections of the property in order to identify and clean up any slip and/or trip and fall hazards. Where the risk of things falling on the ground are higher (like at a produce stand) more frequent inspections are required.
• Breach of Duty: When a business owner or property owner fails to conduct periodic inspections, or fails to address or warn about slip and/or trip and fall conditions, they have breached the duty they owe the public.
• Causation: When the property/business owner’s breach of duty directly causes your injury. For example, when you slip and fall because a business owner neglected to clean up a slipping hazard, and that slipping hazard caused your fall and injuries, you have established “causation.” 
• Damages: “Damages” are what the law calls the financial compensation you can recover in a lawsuit. It encompasses the actual harm that you endured (e.g., past medical costs, future medical costs, lost wages, property damage, pain and suffering, etc.). 

Victims of slip and fall accidents may be entitled to various types of compensation. In the law, we call these “damages.” The damages that a person injured in a slip and fall may recover, include the following:

• Medical Expenses/Bills: Costs for emergency care, hospital stays, surgeries, medications, rehabilitation, physical therapy, chiropractor visits, and future treatment are all compensable.
• Lost Wages: Income you lost due to the inability to work from your injuries are compensable. That also includes any future wages which you are likely to lose as well. Lost wages include time you missed working because you were physically unable to work, time you missed to go to a doctor’s appointment, or potential raises/bonuses you would have received had you not been injured.
• Pain and Suffering: Compensation for physical pain and emotional distress, which includes depression, anxiety and PTSD. While compensation for these damages is subjective, you are nevertheless absolutely entitled to receive money for these losses. These types of injuries can be the most long standing and debilitating. If necessary, seek the help of a mental health professional who can treat your mental/emotional injuries and help you get back to where you were at before your fall. In Tennessee, these types of damages are generally capped at $750,000, however there are some exceptions which could increase the cap to $1,000,000. 
• Loss of Consortium: Compensation for the impact on your relationship with a spouse or family members.
• Punitive Damages: In more egregious cases, punitive damages may also be available. Unlike compensatory damages which seek to “compensate” you for your losses, these types of damages are awarded to punish the defendant when they have acted intentionally or grossly negligent.

• Investigate the accident: The lawyers at MJ Law have years of experience handling slip and/or trip and fall cases. They know what evidence they need to establish a strong claim. That includes, at a minimum, collecting accident reports, retaining necessary expert witnesses, interviewing witnesses, acquiring video/surveillance footage from the business/property owner, taking statements, collecting sweep logs from the business, etc. The quicker you contact our office, the quicker we can get to work on your behalf and get you the compensation you deserve.

• Negotiate with Insurance Companies: Experienced litigators can handle communications and negotiations with the insurance carrier to secure a fair settlement. When insurance companies deal with experienced attorneys, they know they can’t get by with “low ball” offers and taking advantage of you. Otherwise, they risk having to hire an attorney to defend the claim, which is expensive for them. The attorneys at MJ Law know firsthand how the insurance company operates and thus, how to get you the best possible settlement. 

• Provide Legal Advice: An attorney knows the law, and knows what elements they need to prove in order to establish a proper claim. Good lawyers, like those at MJ Law, also know the insurance “playbook” and the tactics they use to deny you fair compensation. 

• Maximize Compensation: Attorneys can help ensure that you receive fair compensation for your losses. That includes working with trusted medical professionals and experts who can provide you with the treatment you need.

• Prepare for Trial: A good lawyer is ready to take a case to trial if the insurance company and property owner refuse to negotiate in good faith. When that occurs, a trial may be the only way for you can recover the damages you are entitled to. MJ Law’s fearless attorneys stand ready to try your case if the occasion calls for it.