New Orleans Slip and Fall Attorney | Big Easy Injury Attorney

Slip and Fall Attorney New Orleans

Although commonly overlooked, slip and fall accident cases produce some of the most lethal injuries. A fall accident case is prevalent in a busy place like New Orleans, but this can happen anywhere and anytime. Speaking to a slip and fall attorney is crucial if you’re suffering from severe slip and fall injuries.

Our New Orleans slip and fall lawyers at Big Easy Injury Attorney have years of experience handling personal injury cases. Our roster of personal injury lawyers has a successful track record in the industry. If you’re interested in setting up a free consultation with our legal team, you can reach us at 504-370-2547.

How Do Slip & Fall Accidents Happen?

There are many ways a slip and fall accident can transpire. This could be due to, but not limited to:

  • Wet or slippery surfaces including spills, icy surfaces, newly mopped or polished floors, tiled floors
  • Uneven walking surfaces such as cracked floors, potholes, broken sidewalks, ripped carpets
  • Cluttered areas like exposed cords or wires, fallen objects
  • Poorly lit areas, especially stairs and hallways

 

These dangerous conditions can inevitably result in a slip, trip, or fall accident. The injuries you suffer could range from a mild sprain to a traumatic brain injury, and these life-threatening injuries can cost you a fortune.

Caution Wet Floor

However, the law protects accident victims from this predicament by allowing them to submit an injury claim to compensate for their damage. Unfortunately, the burden of proving liabilities falls on the victim’s shoulder.

In most cases, the liability in a fall accident case primarily falls on the property owner. The property owner is obligated to provide a safe environment for all individuals present on the property. If you can prove that the property owner’s negligence resulted in your fall accident, then you have a chance of winning your case and receiving compensation.

Working with personal injury attorneys can further your chance of success as they know exactly how to investigate and build a strong case.

What Kind of Case Is a Slip & Fall?

These accidents are commonly categorized as premises liability cases. These types of cases revolve around the legal responsibility of a property owner to maintain a safe environment for visitors.

The three main categories of slip and fall cases are:

  • Dangerous Conditions: If you can prove that a hazardous condition on the property led to your accident, then the property owner will be held liable. For example, the property owner could be held accountable if you slipped on a wet floor with no warning signs.
  • Inadequate Maintenance: If you can prove that the property owner didn’t take proper care of the property, they could be held liable for your accident. For example, the property owner could be held responsible if you fell down a flight of stairs that didn’t have a handrail.
  • Inadequate Security: If you can prove that the property owner didn’t take proper security measures, then they could be held liable for your accident. For example, the property owner could be held accountable if you were mugged in a parking garage that lacked adequate lighting.

Different states have different statutes governing the legalities surrounding property liability cases. In Louisiana, the statute governing this accident is the Louisiana Revised Statutes Title 9. Generally, this part of the law outlines the property owner’s liability in an accident.

Seeking Compensation for Your Slip and Fall Losses and Injuries

 

As mentioned above, the burden of proving accountability in a premises liability case falls on the victim’s shoulder. This means that you will have to prove that the property owner’s negligence led to your accident before you can receive compensation.

There are critical elements an accident victim needs to prove in a slip and fall accident:

Slip and fall incident report

  1. Duty of care: The property owner had a duty of care to ensure the safety of all individuals on their property.
  2. Breach of duty: The property owner breached their duty of care by failing to address a hazardous condition or providing adequate security measures.
  3. Causation: The property owner’s breach of duty led directly to your accident.
  4. Injuries and Damages: You suffered injuries as a result of the accident.

To prove the property owner’s duty of care, you must show that you were a guest and not a trespasser inside their premises. This is usually not difficult to do as most property owners have a duty of care to all individuals present on their property.

Once you establish the property owner’s fault in the fall accident, you may be able to recover general and specific damages.

These compensatory damages can include:

  1. Medical expenses: Reimbursement for all medical treatment related to your accident, including ambulance fees, hospitalization, surgery, and rehabilitation.
  2. Lost wages: If you missed work because of your injuries, you could recover lost wages and future lost earnings.
  3. Pain and suffering: You may be compensated for the physical pain and emotional suffering caused by your accident.

To learn more about the different types of compensation you may be entitled to, schedule a free consultation with a New Orleans personal injury attorney today.

How Do You Prove Negligence in a Slip & Fall Accident Case?

As shown above, proving the existence of these elements is essential to securing compensation in a premises liability case. The most challenging part of these cases is often proving causation. To do this, you will need evidence that links the property owner’s negligence to your accident.

The strength of your evidence directly reflects the validity of your claims. The most common pieces of evidence in these cases include:

  • Surveillance footage: This type of footage can be beneficial as it provides an unbiased account of what happened. If the property owner doesn’t have surveillance footage, you may be able to obtain it from a nearby business.
  • Witness statements: Eyewitnesses can help corroborate your version of events. Getting their contact information is essential so your attorney can reach out to them if necessary.
  • Photos: If you have any pictures of the accident scene, give them to your attorney. These photos can be beneficial in proving causation.
  • Medical records: Your medical records will help establish the extent of your injuries.

If you have questions about gathering evidence or what type of evidence is admissible in court, contact a New Orleans personal injury attorney today.

What To Do After a New Orleans Slip and Fall Accident

If you or a loved one was injured in a slip and fall accident, there are specific steps you need to take to protect your legal rights. These steps include:

  • Get medical treatment: Your health should be your top priority after an accident. Even if you don’t think you’re seriously injured, it’s essential to get checked out by a doctor. Some injuries, such as concussions, may not present symptoms right away.
  • Gather evidence: Once you’ve sought medical treatment, you must gather evidence. This includes taking pictures of the accident scene, getting the contact information of any witnesses, and saving any receipts for medical treatment.
  • Contact an experienced lawyer: The sooner you contact a lawyer, the better. An experienced attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf.

Schedule a free consultation with an experienced New Orleans personal injury attorney today to learn more about your legal rights and options after a slip and fall accident. We handle many personal injury cases, from motorcycle accidents, pedestrian casualties, and workplace injuries to car accidents.

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