Slip and fall accidents occur when you least expect them—shopping at a grocery store or climbing the stairs at an apartment building. Yet they are among the most common causes of injury in Bismarck.
Many people don’t realize just how debilitating and costly these accidents can be. It’s even more frustrating when the property owner or business could have taken steps to prevent the accident.
If you suffered injuries in a slip and fall accident caused by a property owner’s negligence, we can seek compensation for you.
Our experienced Bismarck slip and fall attorneys at Nicolet Law Accident & Injury Lawyers can recover the compensation you need and deserve so you and your family can return to your life.
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How Common Are Slip and Fall Accidents?
Slip and fall accidents send about one million people to the emergency department each year. The severity of these accidents can vary from minor bruising and sprains to bone fractures, spinal cord injuries, and traumatic brain injuries. Slip and fall accidents severe enough to require hospitalization average more than $30,000.
Property owners and businesses can prevent many slip and fall accidents. They owe a duty of care to their customers to provide a safe environment. Under premises liability law, property owners and businesses should know about any safety hazard on their property and, once they find out, make repairs or post signs warning unsuspecting guests of the hazard.
When negligent property owners fail to clear their property of hazards, you may seek compensation for your physical and emotional injuries through a premises liability claim.
Common Causes of Slip and Fall Accidents
Surface conditions account for most slip and fall accidents, such as:
- Wet or icy floors
- Spillages of food or liquids
- Loose floorboards
- Loose or bulging carpeting
- Potholes or cracks
- Uneven flooring or sidewalks
- Exposed wiring
- Cluttered floors
Other factors that can contribute to a slip and fall accident include:
- Inadequate lighting
- Missing handrails
- Broken steps
Do I Have a Slip and Fall Claim?
To receive compensation for any damages from a slip and fall accident in Bismarck, you must prove the four elements of negligence on the part of the property owner or business:
- The property owner owed you a duty of care. For example, property owners must keep guests safe from hazards such as water spilled on the floor.
- The property owner breached that care of duty. For example, if that property owner failed to clean up that spill or put out signs warning guests about water on the floor.
- The property owner’s negligence caused you to slip and fall.
- You suffered injuries and incurred medical bills and/or lost income due to your accident.
An experienced Bismarck slip and fall lawyer will investigate your case to determine whether a property owner’s negligence caused your accident.
What Should I Do After a Slip and Fall Accident?
The actions you take after a slip and fall accident can greatly improve your chances of getting maximum compensation for your injuries and other damages.
Here are some steps you should take after your accident:
Get medical treatment
You will want a doctor to examine you after your accident to identify your injuries, even if your injuries seem minor. Sometimes accident-related aches, pains, and injuries don’t surface until days later. Plus, you will want to document that you sought medical treatment. Follow all your doctor’s advice for medical treatments, medications, and follow-up visits. Vigilant medical care will show that you take your injuries seriously.
Report your accident
Tell management that you slipped and fell and tell them about any injuries you have suffered in the fall. Request a copy of the accident report. If the police came to the accident, ask for a copy of that report.
Take photos
Document the accident scene using your smartphone. Photograph where the fall occurred, including any hazards that may have contributed to your fall, such as spilled water or uneven flooring. Also, photograph your injuries, including bruises, cuts, or bandages.
Get information from eyewitnesses
Ask for the name and contact information of anyone who may have witnessed your fall and, if possible, ask them to recount what they saw and write down what they say.
Save all accident-related documents
Create a file of all your accident-related documents, such as medical bills, records that show your absence from work, and correspondence with insurance companies.
Preserve the clothes you were wearing
Save the clothes you wore at the time of the accident. Do not launder them. Any stains, dirt, or blood may offer clues or evidence of your fall’s seriousness.
Do not admit fault
Falling in a business or retail establishment, especially with other people around, may embarrass you, and you may want to apologize and take the blame.
Never admit fault in a slip and fall accident. Your slip and fall lawyer will investigate to determine the cause of the accident and whether your actions contributed to your fall.
Can I Recover Compensation for a Slip and Fall Injury?
North Dakota follows a comparative negligence standard for personal injury cases, so a plaintiff can recover damages as long as they are less than 49 percent at fault for your injuries. The percentage of your fault in the accident will reduce the compensation you can recover. You cannot recover compensation if the court finds you at least 50 percent at fault.
The property owner may argue that your accident was at least partly your fault because you trespassed on the property, ignored warning signs, or behaved recklessly at the time of the accident.
Never admit fault after a slip and fall accident injury. Your attorney can advise you on the best course of action following your accident.
What Compensation Can I Receive for a Slip and Fall Claim?
If you suffered from your slip and fall accident, you may receive compensation for:
- Current medical bills
- Future medical bills
- Lost wages
- Future earnings capacity
- Emotional trauma
- Pain and suffering
North Dakota Slip and Fall Statute of Limitations
North Dakota has a strict six-year deadline for filing personal injury claims, including slip and fall cases. The clock on this deadline begins the day you suffered your injuries. While six years is a long time to file, consult a personal injury attorney as soon as possible after your accident if you want to seek compensation. Over time, evidence can disappear, and memories can fade, making it harder to prove your case. Your attorney will also need time to build a strong case for you to receive maximum compensation.
Hire a Bismarck Slip and Fall Lawyer Today
Slip and fall accidents are surprisingly common and more serious and costly than people realize. If a slip and fall accident injured you or a loved one in Bismarck due to another party’s negligence, you may seek compensation through a slip and fall accident claim. Reach out to a Bismarck personal injury lawyer.
The legal team at Nicolet Law Firm Accident & Injury Lawyers has successfully protected the rights of people who slip and fall accidents injured. We are passionate in our pursuit of maximum compensation for our clients. Contact us today for a free consultation at 1-855-NICOLET.