Slip and Falls
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Slip and Falls
A slip and fall accident is more than just embarrassing: it can result in serious, catastrophic injuries. In some slip and fall accident cases, the victim may suffer fatal injuries. Broken bones, spine and neck injuries, and traumatic brain injuries are but a few of the injuries that commonly occur as the result of a slip and fall accident. A slip and fall accident victim and/or victim’s family can be left facing significant medical expenses and other losses as a result of the accident.
Some slip and fall accidentes are truly that: accidentes. But where the property owner’s own carelessness or negligence contributed to the existence of a hazard that caused the slip and fall, then the victim may be entitled to monetary compensation. The Tennessee legal team at Douglass & Runger, Licenciados en Leyes, can help you obtain this compensation.
What is a Slip and Fall Accident Case?
A slip-and-fall accident lawsuit stems from a property owner’s duty to maintain his or her property in a reasonably safe condition. This duty extends to people who have a legal right to be on the property owner’s property or those who have been invited by the owner to come onto the property (note that different rules and responsibilities apply when children are injured on the property of another). This duty requires the property owner to take reasonable steps to either correct hazards present on his or her property or to warn others about the existence of the hazard.
Common hazards that cause slip-and-fall accidentes include:
- Wet, slippery, or icy floors;
- Poorly lit stairwells or walking areas;
- Uneven walking surfaces;
- Potholes (holes in the walking surface); and/or
- Objects or equipment left on the ground (such as electrical cords).
What Types of Injuries and Losses are Compensable in a Slip-and-Fall Case?
In general, any injury, loss, or expense you experience as a result of the property owner’s negligence in a slip-and-fall accident case can be compensated through a successful slip-and-fall lawsuit. This includes compensation for:
- Past medical bills, hospital bills, and treatment costs;
- Ongoing or anticipated future medical expenses and treatment costs;
- Prescription drug costs;
- Lost wages due to time missed from work;
- Lost future earnings if you cannot return to your previous job but must instead take a lesser-paying job (due to a disability resulting from the accident, for example);
- Loss of enjoyment of life;
- Mental pain, suffering, and anguish.
Tennessee follows a modified comparative negligence system. This enables plaintiffs (slip-and-fall injury victims, for instance) to recover compensation even if their own negligence or carelessness contributes to the accident. However, in Tennessee a plaintiff cannot recover any compensation if a judge or jury determines that the plaintiff is 50 percent or more responsible for his or her own injuries. If the plaintiff is found to be 49 percent or less responsible then he or she is able to recover compensation; however, the actual compensation received would be reduced by the amount of his or her fault. For example, if a plaintiff is awarded $100,000 in damages for losses he or she sustained after a slip and fall accident, but a jury determines that the plaintiff is 25% responsible for the accident, then the plaintiff’s damages will only be $75,000.
Contact a Skilled Memphis Slip and Fall Lawyer for Help
If you have slipped and fallen in Tennessee, contact the Memphis personal injury attorneys at Douglass & Runger, Licenciados en Leyes, right away. You only have a limited amount of time in which to exercise your legal rights. Contact us today at (901) 388-5805 to discuss your slip-and-fall case.