Slip and Fall
Slip and fall injuries are common and can be quite severe and debilitating. If you have been injured in a fall on someone else’s property, you may be entitled to compensation through a premises liability case. Property owners have an obligation to keep their premises safe and free from obstructions and hazards. A competent premises liability attorney can determine who is responsible for a slip or fall and help you receive compensation for your injury. If you have been injured in a slip or fall as the result of a property owner’s negligence, contact the premises liability attorneys at Lawter & Associates, PLLC, for a free consultation and explanation of your rights and responsibilities. The Oklahoma City and Tulsa personal injury attorneys are there to help you.
FAQs
Q: How can someone sue for damages in a “slip and fall” accident? Isn’t it their responsibility to watch where they are going?
A: Both the injured person and the property owner share responsibility in a slip and fall accident. The injured person does have a duty to be alert and careful, and the property owner must keep his or her property safe and free from hazards. “Comparative negligence” is the comparison between the responsibility of the injured person and the property owner. Through comparative negligence, the court determines the percentage of liability for each party. This percentage, in turn, determines the amount of damages awarded.
Q: If I slip or fall at work, can I sue my employer?
A: A fall at work would be covered under Oklahoma workers’ compensation laws and you may consider representation from our Oklahoma City or Tulsa workers compensation lawyers. You would not file a personal injury suit against your employer.
Q: What are the hazardous conditions for which a property owner is responsible?
A: Any condition in which there is potential for injury is a hazardous condition. These conditions may include a foreign object in the walking path, an impediment in the walking surface, a failure of the walking surface, or a substance making the surface slippery and dangerous. A property owner is nearly always responsible for a permanent hazard, such as a broken stair, because he or she should have known about the situation and had it repaired. However, sometimes a hazard is temporary, and the property owner may not have known about it before an injury occurred. In temporary hazards, such as ice on a sidewalk, the property owner may not be responsible for damages. A court will determine if the owner had enough time to realize and correct the situation before an injury occurred. Usually the only defense a property owner has is the dangerous condition was “open and obvious” to the injured individual. The Oklahoma City and Tulsa personal injury attorneys at Lawter & Associates, PLLC have years of experience addressing and defeating this defense.
Q: If I have sustained injuries from a slip or fall, do I need to hire an attorney?
A: Yes. Slip and Fall cases can be complex, requiring sophisticated investigation and evaluation. Oklahoma Slip and Fall attorneys have the expertise to assess and handle a Slip and Fall case, and know how to evaluate a case to see if the property owner was negligent. Be sure to hire experienced Slip and Fall attorneys who know the relevant law. With years of experience handling complex Slip and Fall cases, attorneys at Lawter & Associates, PLLC, have the determination and the resources necessary to fight and win complex Slip and Fall cases under Oklahoma Slip and Fall law.
Q: Do I have to fill out an accident report at the time of the fall?
A: Law does not mandate an accident report for slip and fall injuries. However, it is always a good idea to document a fall as soon as possible. If you are at a store or business when you fall, their policies often require an accident or incident report. You should immediately request the store manager as they are the person most likely to follow store’s polices and procedure. If you are on private property, it is a good idea to write down exactly what happened, including witness statements. Photographs taken of the area or hazard may help substantiate your claim. If you are injured, seek medical attention immediately. Your medical record will also help your case.