Slip-and-Fall Accident on Commercial Property: What to Know


A slip-and-fall accident and injury will have a significant impact on anyone. This sort of injury results in a lot of confusion about paying for the subsequent medical expenses, particularly when the accident happens on commercial property. You may have many questions about your next steps after a slip-and-fall accident. Here are some things you need to know.

Who Is Responsible for Your Injuries?

When a commercial business invites the public on their premises, it has a duty to make sure the property is safe from any obstructions or other issues that has the potential to cause an injury. Therefore, when you slip and fall on a commercial property, the owner of the property can be responsible for your injuries.

Other third-parties could also be responsible if they acted negligently. An example of this is when a janitorial company is servicing the floors of the building and leaves a puddle of water that causes you to slip and fall.

You need to remember, however, that you may not always receive compensation for your damages after a slip and fall. For instance, if you caused your own fall due to your own negligence or distraction, you may not be eligible to receive compensation.

What Type of Expenses are Recoverable?

Many types of expenses are recoverable when you decide to file a claim against a commercial property for a slip-and-fall accident. You can recover expenses stemming from your medical treatment for the injury and for any subsequent treatments you may need. You can also recover damages for emotional distress, pain and suffering, decreased quality of life, and the like.

How Do You Prove Liability?

Some conditions have to be met to prove the commercial property owner, leaser, or a third-party is responsible for your slip-and-fall injuries. You will first have to prove the party in charge of the property allowed the condition which caused the injury to go unchecked to the point someone could get hurt, such as a broken stair rail or a hole in the floor.

Secondly, you will have to prove one of two theories. One theory is the party knew about the problem and took no action to repair the area. The second theory is the party should have known the condition of the problem had the likelihood to cause an injury and should have made sure the issue was rectified.

The issue with commercial slip-and-fall accidents is the fact that they are complex. One or more parties could be at fault. You may encounter multiple parties passing blame among one another, which lengthens the process of recovering compensation for your damages.

Is an Attorney Necessary?

When you are hurt in a slip-and-fall accident, you do not legally have to retain an attorney. You can attempt to recover your damages on your own. However, you will find the process much more difficult to accomplish on your own. If the party responsible for the building denies liability, you won't be able to do a lot without some legal muscle.

An insurance company contracted by the owner or leaser of the property will do everything possible to defend their client. They have years of training and expert adjusters who will work diligently to prove their client is not liable for your injuries. To battle this, you should have an attorney on your side to ensure you receive fair compensation.

Even when an insurance company agrees your injuries are due to the conditions of the property, you still should have an attorney with you to ensure you get as much compensation as you deserve. An attorney will make sure the insurance company is not minimizing your compensation in any way.

If you need assistance with your commercial slip-and-fall case, please contact the Law Offices of Blomberg, Benson & Garrett, Inc.