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FREE SLIP, TRIP, FALL ACCIDENT GUIDE DOWNLOADS

What Is Premises Liability?

Premises liability is a fancy legal term for slips, trips, and falls.  It is also used to describe dangerous conditions on property.  The property can be a store, a business, an apartment complex, or a home.  

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Here are some examples of premises liability cases that Reed Law has handled in the past:

  • A trip and fall in a retail parking lot where an injury victim suffered a broken leg

  • A slip and fall on fruit spilled inside a retail store that caused a spinal injury

  • An assault and battery at an apartment building that caused a hospitalization

  • A fall down stairs inside of a bar that caused a broken ankle

  • A shooting at a small shop and retail center

  • A fall in a construction site hole on the side of the freeway at night

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Premises liability cases are not just slip & falls, but any case where there is:

1) a dangerous condition;

2) notice of the dangerous condition; and

3) the dangerous condition causes an injury.

How Much Is My Slip & Fall Case Worth?

The worth of a slip, trip, or fall case depends on the following factors:

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1) Is there an insurance policy? If you get injured at Wal-Mart or Ralph's there will likely be a large insurance policy or the company has so much money that insurance does not matter. On the other hand, if you are delivering pizza to a home and injure yourself, the homeowner may not have insurance and may be underwater on their home.  

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2) How big is the insurance policy?  For the homeowner described above, Reed Law has seen insurance policies that range from $100,000.00 to $500,000.00 for homeowner insurance policies.  Wal-Mart makes billions of dollars per quarter.  A larger insurance policy can pay for a more serious injury.  In our experience, most personal injury attorneys do not take cases without insurance policies due to the difficulty collecting from people without insurance.   

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3) How serious are your injuries? More serious injuries usually lead to larger settlements.  A person who gets surgery or who has broken bones is going to have a more valuable case - generally speaking.

 

4) How much are your current and future medical bills? A person who has higher medical bills will likely get a larger settlement.  A negligent business or person that causes an accident is responsible for the reasonable medical bills of the victim.  

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5) How much are your current and future loss of earnings? A person who has higher lost earnings will likely get a larger settlement.  A negligent business or person that causes an accident is responsible for the reasonable lost earnings of the victim.  If you are making a loss of earnings claim, it is important to note that you will have to prove your lost earnings through pay stubs, W-2s, invoices, and/or taxes.  You can't just say you make $1 million per year, you have to prove it.  Insurance companies and businesses will do a complete investigation into your employment and earnings history.      

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Settlement Ranges for Slip, Trip, & Fall Cases:

  • Soft Tissue Injuries:  Four Figures To Five Figures

  • Injections & Small Surgeries: Five Figures To Six Figures

  • Invasive Surgeries & Catastrophic Injury: Six Figures To Eight Figures

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These amounts are based on individual case facts and cannot be guaranteed.  The value of your case can be reduced if the store or homeowner is not at fault, if you are partially at fault, or if someone else without insurance is partially or wholly at fault.   

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Also, it is really hard for a premises liability lawyer to determine the worth of your case before he or she knows the extent of your injuries, who is at fault, and the amount of insurance coverage available.  If a slip and fall lawyer tells you how much you are expected to get without doing a thorough investigation - Run!  

What Makes A Really Good Slip & Fall Case?

The best slip and fall cases Reed Law has come across have the following:

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1) Our client reported the fall right away to the store or property owner;

2) Our client or family member took photos or video of the dangerous condition right after the fall;

3) The store, business or homeowner had actual or constructive notice of the dangerous condition before the fall.  Actual notice examples include employees causing the spill on the ground or walking by the small step ladder that causes a customer to trip.  Constructive notice means the dangerous condition was there for so long that the property owner had the ability to discover it with reasonable inspections.  It should be noted that this is the area where most premises liability cases are won and lost.  It is imperative that your slip & fall lawyer knows how to get evidence of actual or constructive notice or they will lose your case; and

4) Our client went to see a doctor or medical professional soon after the injury occurred.     

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Bonus Tip:  If you want to know if you have a good slip & fall lawyer, ask them how will they obtain evidence and prove that there was actual or constructive notice.  A good slip & fall attorney should tell you they will send a preservation letter to prevent the property owner from destroying evidence, try to get any surveillance video, try to get store sweep sheets, and take employee or homeowner depositions. 

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In the past I've seen stores destroy evidence even if preservation letters are sent.  For example, we've seen liquor store owners switch out entire freezers after our clients have slipped on leaks from old refrigeration units.  If we didn't have photos of what the old freezer looked like, we wouldn't have been able to tell.   

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This article is not legal advice and does not create an attorney-client relationship. Each case is different and it is recommended that you consult a licensed attorney in your area if you have been injured or have a potential personal injury case.

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