Jan 3, 2019

Falling at a Home and Lawsuits - Similarities Between Grocery Stores

man dressed with winter clothes slipping on floor isolated on white background
Full-length portrait of a young man dressed in winter clothes slipping on the floor.

It is often in the news that someone fell in a store and sued the business to receive millions of dollars as settlement money. We also know how so many people have tried to fake these accidents. But it is not that easy to prove such cases.

Furthermore, you might be in the habit of hearing most of the slip and fall cases in stores and other business premises. You have to realize that a homeowner can face such a scenario because of a slip and fall accident.

How Could a Homeowner Be Sued for a Slip and Fall?

As a homeowner, you have the expectation of taking care of your building. Above everything, you have to make sure that your premises are safe for anyone coming into it. If there is anything that looks unsafe and hazardous, you have to make sure to get rid of it.

You could make your inside of the house unsafe for visitors by your actions or by being inactive about some situation. Let's say; there was a rug on your floor that became folded at one corner, sticking out like a bump. If someone tripped on it and incurred injuries, you will get blamed for the accident. But the visiting or victim has to prove that you could have done something about the unsafe situation in your house.

You could have gotten rid of it. Sometimes you could become sued for taking an action that leads to an accident.

For example:

  • You are soaping the floor to clean it.
  • But you have not put up any signs to warn the visitors of the wet floor.
  • If someone falls on this wet floor, they could easily file a case against you to receive compensation.

Winning an Injury Case Means Understanding the Scope of Liability

It all depends on the negligence of the homeowner. It is also possible that someone slips and falls in your house but still is not able to sue you for the accident. And even if the home's owner gets sued, he or she could survive the ordeal without having to pay anything in the settlement.

Your burden as a victim is to prove the owner or manager of the property was aware of the dangerous condition that caused the accident, or was even in the process of taking care of it without roping it off, for example. And if proved to be negligent, there is a high chance the defendant will end up losing the case. So, in that case, the owners or their insurance companies may end up offering a settlement amount to the victim.

What Hurdles Do Homeowners Face?

When there are a significant slip and fall case, the homeowner can get into a lot of trouble and face many hurdles. If the defendant loses, their Homeowner's insurance company may have to pay the enormous settlement amount. And depending on the injuries, expenses, and agony, the victim has gone through; it can be a lot. Why is that? First of all, the highest costs of settlement money are medical expenses.

When a person's injured and hospitalized, they receive medical care depending on their state of health. And their stay in the hospital, along with treatment, medication, and any long-term care could amount to a considerable total.

And it does not matter whether the victim had individual insurance. If a homeowner's proved to be negligent in his/her conduct, the settlement money has to see payment. The victim can also claim reimbursement and compensation for the amount of pain.

  • Pain and trauma a factor? Yes. If the victim has gone through severe mental trauma and physical pain, the compensation amount could rise. Doctor's reports of physical injuries and illness can help the victim a great deal in receiving an enormous settlement amount.

In addition to the injuries and pain, there are other types of damages that victims incur in such accidents. Most importantly, they lose their income because they cannot go on their job for as long as they are in bed.

The longer the wait, the higher the compensation amount would be. Sometimes, the victim might receive permanent damages. And that could result in a permanent loss of income.

Last and the worst is when the victim dies. It is a case of wrongful death, and here the compensation's received by the beneficiaries of the dead. These could be vast sums of money.

Getting The Right Homeowner's Insurance

If you research online or search in the market, you will find out that homeowner's insurance is available on many different levels. Not all of them are the same, and not all of them cover you entirely. It is best to invest in paying more premiums every month than to pay a massive sum of money out of your pocket for a settlement amount that exceeds your coverage.

This amount is very much possible when you don't have adequate insurance in place. When a victim sues, a personal injury lawyer fights the case with vigilance. So that way, defendants could end up with a considerable compensation amount to pay.

Make sure you ask all the essential questions from your insurance carriers. Do so before starting your premiums or signing up for the insurance policy. Furthermore, be watchful of the conditions in your house when you are inviting people. Gatherings and special occasions are the most sensitive times when such accidents can take place.

Getting In Touch With An Attorney

And it does not matter whether you are a homeowner or a victim who suffered a slip and fall accident. The good lawyers are out there can help you find justice. But it is also possible that the homeowner might not have any fault in the whole case.

Sometimes people would sue other parties only to gain financial benefits. Sometimes the victim has genuinely been hurt. But it sometimes proves later that the victim could have avoided the situation quickly by being more careful and watchful.

Or perhaps the plaintiff delayed seeking medical care and worsened their situation medically? That is not the defendant's fault. And in that case, a court may reduce an award granted by a jury.

When you or someone you love has been in a slip and fall accident, get in touch with a personal injury lawyer first thing. First of all, the faster you get in touch with them, the better case they can make for you. Most of all, this increases the chances of you receiving a reasonable settlement amount at the end.

Further Reading:

https://www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html  Nolo.com Slip and Fall. Accidents: Proving Fault

https://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall.html  Findlaw Slip and Fall Injuries.