Slip and fall cases leave many people with long-lasting injuries. At Larson & Gallivan Law, we have represented people who struggle with head and brain injuries, whiplash, and back injuries after falling to the ground. Some are disabled for years and cannot leave the house or ever return to work. These are serious and expensive accidents.
Slip and fall cases are also surprisingly complicated—often much more complicated than simple car wrecks. Certain factual and legal challenges await the injured victim, who might struggle to obtain compensation in a settlement. To strengthen your legal position, please reach out to our firm to talk with aVermont personal injury attorney. We can immediately protect your rights and begin work on your case as soon as we are hired. Below, we look at 5 hurdles to receiving compensation.
You Don’t Have Proof a Hazard Caused You to Fall
Most people slip because of some property defect:
- Pools of water
- Oils or chemicals on the floor
- Loose tiles
- Frayed or worn carpets
- Trash on the floor
- Ice
- Snow
- Recently mopped floors
There is always a risk the property owner will claim you actually tripped over your own feet or weren’t paying attention. They might even deny that a hazard even existed. If they are successful with this argument, they might prevent you from receiving any compensation.
Consequently, it’s critical to get a couple pictures of whatever caused you to fall. Use your phone or ask a bystander to take a picture. If no one has a phone, then at least get the names of any witness who can back up your claim that a hazard existed. If you slipped on a pool of water, the store could quickly mop it up.
Some stores will have security cameras, which might have recorded your accident. We can investigate. But it’s tougher to win a settlement when there’s no tangible or visual evidence of a defect.
The Property Owner Has No Insurance
Stores and other businesses should have insurance. They need a liability policy to even open their doors legally in Vermont. But private homeowners might not have homeowner’s or renter’s insurance. That can make obtaining compensation a challenge.
Sometimes, we can file a personal injury lawsuit against the property owner and then try and gain access to any assets, like money in a bank account. It’s easier when the defendant has an applicable insurance policy.
You Can’t Identify the Owner
Some people slip and fall in an abandoned building or in an empty lot. Others are injured in a shopping center parking lot, and it’s not obvious who owns the property or is legally responsible for it.
Call our law firm. You can’t make a claim for compensation until you know who is responsible for maintaining property. A lawyer can investigate for you while you focus on recovery.
Hurdle #4: You Fall in a Public Building
Slip and fall accidents in government buildings are some of the most challenging premises liability cases. For one thing, the government is usually immune from lawsuits. This is called sovereign immunity. That could be disastrous if you slip and fall due to a defect in a public building.
There’s good news, however. The Vermont Tort Claims Act waives this immunity if you are injured by a negligent government worker.12 V.S.A. §5601 states that Vermont will be liable for any injury caused by wrongful or negligent acts and omissions to the same degree that a private person would.
For example, if you fell in the State Capital, then you might sue if a janitor failed to clean up debris or trash on the floor. A failure to warn of hazards is another example of a negligent omission. However, you can’t sue if you are intentionally hurt by a government worker in an assault or battery.
The individual government worker is still immune, so you’ll need to make a claim against the state. The state also limits the maximum liability to $500,000 per injured person, up to $2 million for each occurrence. The state might have insurance or elect to self-insure.
You should contact an experienced Vermont personal injury lawyer whenever you are hurt on government property or in one of their buildings. We can investigate and determine your legal rights. We also know how to negotiate with the government for a settlement for our clients.
Your Injuries Develop Slowly
Some slip and fall victims feel “okay” immediately after falling. They might get right back up, dust themselves off, and then continue with their day. Only a day or two later do they develop neck pain, headaches, memory loss, and other problems
You might suffer delayed injuries. Head and back injuries, in particular, are slower to develop. These injuries present challenges for accident victims. First, we need to establish that your pain is the result of falling and not something else. Second, defendants often allege you aren’t really injured if you waited a couple days before going to the hospital.
We Have Your Back
Larson & Gallivan Law has negotiated many personal injury settlements for injured clients, and we know how to win slip and fall cases. We begin by thoroughly documenting the accident, even visiting the scene if necessary. We can also interview witnesses.
Our goal is to obtain fair compensation. Falls often result in expensive medical care and lost income. Pain and emotional distress are also common. Our team has won many settlements, and we are eager to offer our services to you.
Schedule a Consultation with a Vermont Personal Injury Attorney
Slip and fall accidents are not minor events. They require an experienced legal team who knows how to clear some of the most common hurdles. Larson & Gallivan law can help anyone in Vermont, including tourists who stop by during the winter or summer. Contact us to schedule a free consultation where we can discuss your accident in greater detail. There is no reason to delay.
