When Can You File a Slip and Fall Lawsuit?
Of the total incidents of occupational fatalities, 17% were attributed to falls. 844 people died in the course of duty as a result of falling. Around 244,000 U.S. workers involved in slips and falls cases file workers’ compensation claims every year.
Can you sue for a slip and fall? Normally, a person will bring a slip-and-fall action if hazards on another person’s property caused their injuries. Wet floors, uneven ground, inadequate lighting, or poorly constructed driveways are some of the examples of elements that can contribute to slip and fall incidents.
In the United States, these cases fall under premises liability law, which requires property owners and businesses to maintain reasonably safe conditions for visitors.
To win a slip and fall claim, one must prove the property owner knew or should have known about the danger and failed to remove it. There is always a period for filing a case, and the duration varies by each state’s specified statute of limitations.
Let’s take a look at the deadlines and legal factors involved in slip and fall cases.
What Makes a Slip and Fall Legally Actionable
The possibility of suing someone for an accident on their property requires proof that the plaintiff fell on that property. To establish a premises liability claim, a plaintiff must demonstrate that an unsafe situation existed which the property owner either knew about or should have known about but failed to correct and inform guests about.
Property owners who operate businesses or rent out their properties or reside in their homes must create secure environments that protect their guests from harm. The claim happens when someone sustains injuries following contact with unmarked wet floors. Incidents of slip and fall normally happen when broken pavement stays unrepaired and there is insufficient stairwell lighting.
An accident becomes a situation that can be legally pursued when there exists a direct relationship between the hazardous condition, the ensuing fall, and the resulting injury.
According to Waterbury slip-and-fall lawyer Erica Pilicy-Ryan, if you or a loved one has suffered injuries that resulted from the common causes of slip-and-fall accidents, an experienced lawyer can help you seek the compensation and justice you deserve. They can also maximize your compensation for the damages you sustained.
How Long You Have to File: Statutes of Limitations by State
The statute of limitations establishes your final opportunity to bring a lawsuit against someone. The courts will reject your case if you fail to meet this deadline regardless of how solid your evidence is. A case’s deadlines depend on both state regulations and the property ownership situation.
Most states allow you to bring a personal injury lawsuit for two to three years after your slip and fall accident. Some states extend that window slightly. Florida, for example, gives premises liability claimants four years. Meanwhile, the general deadline established by Texas law requires completion within two years.
The government has significantly shortened the deadlines for incidents of falls on its property, including public sidewalks, municipal buildings, and government parks. Many jurisdictions require injured parties to file a formal Notice of Claim with the appropriate government agency within 60 to 90 days of the accident before any lawsuit can proceed.
The missing notice requirement will end the claim life permanently, which remains true even when the civil statute of limitations period extends. Many people do not know this detail since the insurance claim process does not stop the statute of limitations clock from running.
The negotiation process between the insurance adjuster and the client can take several months, but if they reach an agreement after the deadline, all legal options become unavailable.
When the Clock Starts and When It Can Shift
The statute of limitations for slip and fall cases starts on the date when the accident takes place. There are narrow exceptions. The discovery rule, for example, allows the clock to start on the date an injury was discovered rather than the date of the fall. The courts use this standard sparingly since people can see what caused a fall accident to occur.
A person who develops a spinal injury that remains undetected until months later will qualify for the discovery rule. Keep in mind that this type of case requires legal evaluation based on specific circumstances within the case’s jurisdiction.
Most states will completely suspend the statute of limitations when the injured person is a minor and yet to turn 18 years old. The standard time limit starts when a person reaches 18 years of age. Some states will extend the deadline when an injured adult enters a coma brought about by the fall. These exceptions require documentary evidence to establish their validity.
Evidence That Determines Whether a Case Survives
Most people do not know that premises liability cases depend more on quickly vanishing evidence than any other factor. The establishment of video evidence needs surveillance footage for its complete assessment. Businesses maintain their security recordings for only 24 to 72 hours before they start overwriting the content.
The attorney has the right to issue a spoliation letter for video preservation, which should begin right after the incident occurs. All evidence is lost after the overwriting process.
In proving a slip and fall incident, evidence boils down to the following:
- Photographs detailing the existing hazard and the surrounding area during the period of the accident.
- The accident report that was officially submitted to the property owner or manager after the fall had occurred.
- Medical records documenting the injuries, starting with the first medical examination
- Witness names and contact information collected at the scene
- Maintenance logs or inspection records that show whether the property owner knew about the hazard
Medical records are especially important. The presence of treatment gaps allows defense attorneys to challenge the severity of their injuries. The process of starting medical evaluation establishes a permanent record that shows how the fall resulted in injuries.
What Property Owners Typically Argue in Their Defense
Property owners and their insurers approach these legal matters with strong defensive strategies. The most commonly stipulated argument is that the danger, which led to the injury, was plainly visible and if one had put in some little effort, they would have easily avoided it.
Property owners who maintain their premises open to visitors must accept liability for all hazards that visitors cannot see or that they know will remain hidden from them.
The second most used defense in court cases involves comparative negligence, which claims that the injured party shares blame for the incident. In states that implement modified comparative negligence rules, claimants who bear more than 50 percent of fault will lose their right to financial compensation.
In states that follow pure comparative negligence, injured people can still receive some payment, depending on their level of responsibility. Knowing which rule runs in your state matters a lot since it affects the real value of your case or claim.
The common arguments that appear in legal cases include trespasser status, insufficient notice to fix the hazard, and disputes over the severity of injuries. Each requires a different evidentiary response.
What the Data Shows About the Real Cost of These Accidents
Slip-and-fall accidents should not be downplayed. 2023 had over 8.8 million emergency room visits just to deal with fall-related injuries, as per the National Safety Council. The Center for Disease Control and Prevention has noted that in one year more than 800 thousand people need hospital care as a result of a fall accident. These victims usually suffer fractures of the hip and serious head injuries.
From an injury perspective, falls are the most common cause of traumatic brain injury. These kinds of accidents often result in hospitalization and affect patients of just about all age groups.
The physical damage can turn into serious financial costs. Dealing with these costs has various consequences. After someone has a serious fall, the expenses for medical treatment, physical therapy and longer-term care services start to pile up over time. Your lost wages will also affect your financial capacity.
With a premises liability claim, a person may recover these monetary damages by going through successful legal proceedings. It is important to take measures to secure evidence before it becomes unavailable and before case deadlines begin to creep up.
The Timeline Is the Case
Slip and fall claims are typically lost due to the expiration of the legal time frame, rather than a lack of a fall and injuries sustained. The government, in particular, sets the statutes of limitations on such cases between one and four years, with some government property states requiring notice within 60 to 90 days of an accident.
One piece of valuable information often left untold is that the actual assessment of any premises liability case happens during the first 72 hours following an incident. The photographs that are taken, the incident report that is filed, and the medical records that are generated right after the slip would all be very important in establishing a slip and fall case.
