Falls rank among the top 10 preventable injuries, accounting for a whopping 21% of all preventable injury deaths. When a business is negligent and causes you to fall, you deserve compensation for your injuries. You should not have to deal with the financial burden of a serious injury. The Minneapolis slip and fall accident lawyers at Kirshbaum Injury Law can help you get the compensation you deserve.
Premises liability involves a personal injury that results when someone gets hurt on someone else’s property. So long as you have permission to be on the property, if you get hurt, the property owner, manager, or resident can be held responsible for the injuries you suffer, with certain limitations. You must be able to demonstrate that the property owner knew of the danger or should have known of the danger and failed to take precautions to prevent the accident. A few of the common types of premises liability include the following.
If you are on someone else’s property, be it a friend’s home or a store, and a dog bites you, the property owner, manager, or resident can be held responsible. In some cases, both the dog’s owner and the property manager can be held accountable.
If you have a slip and fall accident due to a spill, ice, or another slippery surface and the property manager or owner should have known the spill was there, they can be held accountable. You must be able to show that they failed to address the issue promptly.
If you get hurt in a fire on someone else’s property, you may be able to hold them responsible for your injuries or the death of a loved one who perishes in the fire. You must prove that they were negligent regarding the incident — that they caused the fire, failed to warn of the danger, or failed to have reasonable means to escape, for example.
Property owners are responsible for safety near swimming pools. If you or a loved one fall on a deck, drown in a pool, or otherwise suffer harm due to a lack of safety around the pool, the property owner may be held responsible.
Safety in amusement parks is paramount. When people get injured in any way in these parks, from slipping on spills, tripping on loose pavement, or getting injured on malfunctioning rides, the park owners can be made to pay for the personal injuries that result.
Any time you are on public or private property that is inadequately maintained and you get severely injured as a result, the property owner is responsible. Whether it’s loose carpet on the stairs, potholes in the parking lot, or slippery ice on walkways, the property manager is responsible for ensuring that conditions are safe for visitors.
Many dangerous conditions can cause a slip and fall injury. These range from icy sidewalks to wet floors and beyond. Here are a few of the most common causes of slip and fall accidents that Minnesota personal injury lawyers see.
Icy sidewalks and parking lots create exceptionally dangerous conditions that can directly cause severe injuries. After an ice storm or heavy snow, property owners are required to take steps to remove any ice. In some cases, even car accidents in icy parking lots can become premises liability cases. If you suffer broken bones or other severe injuries falling due to icy conditions, contact a Minneapolis personal injury attorney immediately.
Wet floors are common hazards in bathrooms and kitchens, but they also can be found in parking lots or restaurants near salad bars. Anywhere that liquid can spill, wet floors present a hazard. An experienced attorney can help you seek compensation for your medical expenses, lost wages, and pain and suffering.
Handrails are important safety supports for those traversing walkways or stairwells. They are permanently affixed to posts or walls, and many slip and fall cases are tied to poor anchoring or the absence of a handrail altogether. If you suffer a personal injury from a broken or damaged handrail, contact a Minnesota slip and fall lawyer.
The first thing to do after any accident is to seek medical attention. You should report the incident to the property manager or owner and request that they call first responders. Getting medical attention early is key to your case. It not only shows that you took the situation seriously, but it can also help to prevent an injury from becoming more serious.
Before you leave the location, be sure to file an incident report. Speak to any witnesses to the accident, and if they are willing to share contact information, collect what you can. The more evidence you can gather, the better off you will be. Finally, be sure to contact the slip and fall attorneys at Kirshbaum Injury Law for a free consultation with a member of our legal team.
The key to pursuing personal injury claims related to premises liability is permission. If you get hurt but do not have permission to be on someone’s property, you cannot file a premises liability claim. If, however, you are on a property with permission, including being in a public place such as a store, restaurant, or parking lot, you may have a case for a claim if you suffer a severe injury like a broken leg or traumatic brain injury.
The type of claim you wish to file will determine the specific statute of limitations under Minnesota personal injury law. In cases of slip and fall accidents that happen due to another person’s negligence, you generally have six years from the date of the accident to file a claim. If the accident was caused by a property defect like bad drainage or poor maintenance, you have only a two-year period in which to file personal injury cases.
The key factor in every personal injury case is negligence. At its most basic, negligence means that someone else was irresponsible, and you got injured as a result. To prove negligence, you must prove three things.
First, you must demonstrate that the other person violated a duty of care — in this case, their duty to provide a reasonably safe place for visitors. Second, you must show that their irresponsibility led to your accident — they had time to address the situation and failed to do so. Finally, you must prove that your injuries directly resulted from the accident.
Things get complicated because Minnesota has a modified comparative negligence law. It states that if you hold any responsibility for the accident, your award can be reduced by a like amount. So, if you are 10% responsible, you will only get 90% of your claim value. Worse, if you are more than 50% responsible, you can be barred from receiving any compensation. This is why legal representation from a qualified injury law firm is so important.
With the right legal representation, you may be eligible for a wide range of compensatory damages after your slip and fall accident. These include the broad categories of pain and suffering, medical bills, and lost wages.
Pain and suffering is a catch-all category covering your non-economic damages. It includes physical pain, loss of the ability to enjoy life, loss of consortium, loss of comfort and companionship, PTSD, depression, and all the other intangible, invisible injuries you suffer.
Medical bills cover all of your expenses related to your injuries. This includes doctor’s bills, transportation to medical appointments, procedures, medication, the cost of in-home medical services, and other expenses directly related to treating your injury.
Lost wages go beyond the money you have lost from being unable to work. It also includes the money you would have earned in the future, and can even include the loss of retirement income due to the inability to pay into 401(k), 403(b), or pension plans.
If you suffer any sort of personal injury in Minneapolis, from a car accident to a premises liability claim for a slip and fall, the right personal injury law office can fight for your rights. They can deal with insurance companies that are intent on avoiding payouts. They can negotiate settlements, help file paperwork on time, and gather evidence necessary to build a case.
At Kirshbaum Injury Law, we bring years of experience to the table representing people just like you who have been injured through no fault of their own. Our customer testimonials demonstrate our long legacy of success. We will fight for you every step of the way, reminding the insurance companies that you are the victim and that you deserve payment for your injuries.
We have fought for people all over Minnesota, in communities as diverse as Edina, Minnetonka, St. Paul, Woodbury, and, of course, Minneapolis. Get in touch with us today for a free initial consultation. We offer virtual consultations so you can access our team from anywhere!