Slip and fall accidents are among the most common types of premises liability claims, occurring due to wet floors, uneven surfaces, or poorly maintained properties. These incidents can lead to severe injuries such as fractures, head injuries, and chronic pain. Determining liability often requires an in-depth investigation into the conditions of the premises at the time of the accident and the adherence to safety standards by the property owner.
At Pringle & Herigstad, P.C., our personal injury attorneys specialize in slip and fall accident cases, bringing over a century of legal experience in North Dakota to the table. From our strategically located offices in Grand Forks and Minot, we provide knowledgeable and compassionate legal representation, ensuring that our clients receive the justice and compensation they deserve. If you have been injured in a slip-and-fall accident, contact us today to learn how our experienced team can help you navigate the complexities of your case and achieve a favorable outcome.
How Do You Prove Negligence in a Slip and Fall?
Slip, trip, and fall cases fall under premises liability law. Like other types of premises liability cases, you must prove that another person or party is liable for your injuries and damages to recover compensation in a slip and fall claim. Typically, this involves proving negligence.
To bring a successful slip and fall case, you must prove the following:
- Duty of Care: First, you must establish that the property owner (or another party) owed you a duty of care. In premises liability cases, the property owner only owes you a duty of care if you are lawfully on the property when the accident occurs (known as being a “lawful entrant”). If you were trespassing (or were an “unlawful entrant”), you may not have a case unless certain exceptions apply.
- Breach: Next, you must prove that the property owner breached the duty of care. This usually involves proving that the property owner failed to conduct adequate maintenance or that they failed to properly remove, repair, or warn visitors of a dangerous condition that existed on the property. You will also need to prove that the property owner knew about or reasonably should have known about the dangerous condition.
- Causation: You will also need to prove that the dangerous condition/property owner’s negligence was the proximate or direct cause of your slip and fall accident. In other words, you must prove that you would not have slipped, tripped, and/or fell had the property owner taken appropriate steps to maintain the premises or remove, repair, or warn you of the dangerous condition. You also need to prove that the dangerous condition was not “open and obvious,” meaning you could not have easily avoided it.
- Damages: Lastly, you must prove that you were injured and that you suffered damages as a result of your injuries. If you slipped and fell but were not injured, you do not have a case. Damages can include both economic and non-economic losses, such as medical expenses, projected future medical care costs, lost income/wages, lost earning ability due to disability, pain and suffering, and reduced quality of life.
What Are the Most Common Causes?
While anyone can slip, trip, or fall, most of these accidents occur due to property owner negligence and poor property maintenance.
Some of the most common causes of slip and fall accidents include:
- Wet or slippery floors
- Spills
- Torn or ripped carpeting
- Uneven floors
- Unsafe steps and stairs
- Lack of adequate signage
- Poor lighting
- Overcrowded areas
- Cluttered walkways and aisles
- Defective sidewalks
- Missing handrails
- Potholes
- Unsafe ladders
- Structure collapses
- Failure to follow safety standards
- Improper maintenance
These and other hazardous conditions can cause serious slip, trip, and fall accidents, leading to devastating injuries. In fact, falls are among the leading causes of traumatic brain injuries, spinal cord injuries, serious fractures, and other life-altering injuries.
Schedule a Free Consultation With Our Slip & Fall Accident Attorneys in North Dakota
Getting back on your feet after a serious slip-and-fall accident can be challenging, but Pringle & Herigstad, P.C. is here to help. Our North Dakota slip and fall lawyers provide caring, personalized legal counsel and seek solutions tailored to your unique needs. We are aggressive when it comes to negotiating fair settlements and have helped thousands of clients recover the compensation they needed to move forward. Whenever necessary, our team is fully prepared to litigate your case and represent you at trial. Contact our office today.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks, Minot, Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas. Our dedicated team is here to provide legal assistance and guidance to those facing the complex challenges that arise from these incidents.
