If you were out and about and slipped and fell while away from home, the property owner or business can be liable for your injuries. However, will their insurance policy cover your injuries if you file a claim? Learn more about slip and fall injuries below, and contact an Oklahoma slip and fall attorney to discuss your options.
Premises Liability Claims
Slip and fall accidents fall under an area of personal injury law called “premises liability.” Premises liability claims include cases brought against a negligent party who should have maintained their property appropriately to prevent injuries to guests.
This can include several circumstances, such as the following:
- Slipping on an icy patch in a parking lot long after a snow or ice storm
- Tripping on a tear or wrinkle in a rug or carpet
- Slipping on a spilled product in a grocery store
- Tripping on a broken sidewalk
- Falling in a pothole left uncovered
- Slipping on a greasy spot at a gas station or in a restaurant
In each of these instances, someone else’s negligence may have caused your injuries.
When Is a Property Owner Liable for Injuries?
Personal injury lawyers know that premises liability claims are complex legal matters. You must prove negligence by the liable party. Negligence can include knowing about the dangerous condition and failing to act in a timely manner to correct or warn people of the hazard. It can also include insufficient measures to rectify the danger, such as mopping up a spill and failing to place a wet floor sign after.
Even though most insurance policies cover slip and fall injuries, many insurance companies will attempt to shift blame to another liable party or try to devalue your claim. This can occur when multiple parties are possibly to blame for your injuries. For example, if your incident happened in a shared parking lot in front of several stores in a strip mall, who was responsible for maintaining that area?
Some insurance companies will approve and settle a claim without you having to file a lawsuit. Contact a local personal injury law firm if you can’t reach a settlement with the insurance company. Personal injury attorneys help victims gather evidence of negligence to build their cases.
Your Oklahoma slip and fall attorney can help you prove the four elements of negligence:
- Duty of care
- Breach of duty
- Damages incurred by the victim
- Causation that links the breach of duty to the victim’s losses
How Do Personal Injury Attorneys Help Slip and Fall Victims?
Experienced premises liability attorneys can help slip and fall victims in several ways. If you’re still negotiating with the insurance company for a settlement, your attorney can speak to the insurance adjuster or other insurance representatives on your behalf. Saying the wrong thing to an insurance company representative can devalue your claim. Let your attorney communicate with the insurer.
Your attorney also knows what situations could be easier to argue in your claim. For example, temporary hazards like spills or ice are more difficult to fight than permanent hazards like a broken sidewalk or wrinkled carpet. A manager or other responsible party should have permanent hazards fixed, while they may not have been aware yet of a temporary hazard.
Your attorney will gather evidence, look for witnesses, and use your medical history to seek fair compensation for your injuries.
Contact an Experienced Oklahoma Premises Liability Attorney
If you need a knowledgeable Oklahoma slip and fall attorney for your claim, contact Bryan Garrett, PLLC. Call us today at 405-591-3508 or contact us online to schedule a free consultation at our offices in Tulsa and Oklahoma City, OK.