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We sometimes underestimate the serious injuries slip-and-fall accidents can inflict. Even so, after unintentional poisoning, falls remain the second leading cause of unintentional death in the United States. Sadly, older members of the population are much more vulnerable to serious injury and death in the event of a slip-and-fall accident.
At Marks & Harrison, we understand how serious these accidents can be. Our team of compassionate attorneys is dedicated to helping injury victims secure the full and fair compensation they deserve. With over 100 years of experience fighting for the rights of injury victims, we are ready to help you too. Contact us today to schedule a free, no-obligation consultation with a knowledgeable personal injury attorney in Washington, D.C.
How Common Are Slip-and-Fall Accidents?
According to the Centers for Disease Control and Prevention (CDC), unintentional falls led to 42,114 deaths in the United States in 2020. If current trends continue, the CDC predicts that there will be seven fall-related deaths every hour nationwide by 2030.
All in all, three million people visit emergency departments to treat fall-related injuries every year. Another 800,000 are hospitalized. From hip fractures to traumatic brain injuries (TBIs), falls can lead to a wide variety of serious injuries, especially among individuals aged 65 and older.
At the end of the day, the potential scenarios that may lead to a slip-and-fall accident are innumerable. To illustrate the wide variety of factors that may come into play, consider the following table:
| Common Locations of Slip-and-Fall Accidents | Common Causes of Slip-and-Fall Accidents |
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How Do You Establish Fault in a Slip-and-Fall Accident?
Property owners have a legal duty to keep their premises reasonably safe for lawful visitors. Failure to uphold this duty may give rise to premises liability in the event someone is injured as a result.
In general, property owners who invite visitors onto their property to reap some sort of benefit, such as restaurants and retailers, have a duty to regularly scan their premises for hazards. By contrast, property owners who simply allow visitors onto their property without reaping a benefit need only remove known hazards or warn visitors that they exist. The host of a neighborhood dinner party would normally fall into the latter category.
No matter which rule applies in your case, the skilled attorneys at Marks & Harrison will thoroughly investigate your case and gather available evidence to build the strongest possible premises liability claim on your behalf. Relevant evidence may include things like:
- Accident reports
- Videos and photographs of the scene
- Footage from nearby surveillance equipment
- Lease agreements and property records
- Insurance policies
- Employment records
- Medical treatment and billing records
- Witness testimony
- Expert testimony
What If the Injured Person Was Trespassing?
A trespasser is someone who enters a property without the owner’s permission. In general, you cannot seek compensation for injuries sustained while trespassing. However, there are two important exceptions to this rule. First, trespassers can seek compensation for injuries intentionally inflicted by a landowner.
Second, under the “attractive nuisance doctrine,” property owners may be liable for injuries sustained by children when they are enticed onto the property by an unsafe hazard with a high potential to attract unwitting youngsters. For example, an unfenced swimming pool or junkyard might count as attractive nuisances likely to entice trespassing children. Essentially, the law cuts kids some slack in situations where they are presumed to not know any better.
What Compensation Can I Recover Through a Slip-and-Fall Claim?
The compensation you receive through a slip-and-fall lawsuit will depend greatly on the severity of your injuries and other losses. That said, you may be reimbursed for both the economic and non-economic impact your injuries and losses have on your life. Together, economic and non-economic damages may compensate for things like:
- Medical bills
- Lost wages
- Lowered earning capacity
- Physical pain and suffering
- Emotional distress
- Lowered quality of life
- Loss of consortium
- Personal property repair and replacement
Notably, unlike many jurisdictions, Washington places no limit on the amount of non-economic damages a jury may award. The experienced attorneys at Marks & Harrison are ready to review your case and fight for the full and fair compensation you deserve. To explore results we have secured on behalf of our clients, follow this link.
What is the Statute of Limitations for Filing a Slip-and-Fall Claim?
Washington gives you three years from the date of a slip-and-fall accident to file a suit against most property owners. However, under the Federal Tort Claims Act (FTCA), the deadline is shortened to two years after the date of accident when bringing a claim against the federal government. Further, if you plan on bringing your case against the District of Columbia, you must give the city written notice before six months pass after the accident.
No matter which deadline applies in your case, it is essential that you do not miss it. Failure to file your case on time nearly always results in it being dismissed in court, which will in turn destroy your leverage in out-of-court settlement negotiations with the at-fault party. At Marks & Harrison, we will ensure that the deadline is not missed and that your case gets off to a strong start.
Contact a Washington, D.C., Slip-and-Fall Accident Lawyer
If you were injured in a slip-and-fall accident on someone else’s property, you should have your case evaluated by an experienced attorney. If the accident occurred at little to no fault of your own, you are likely entitled to legal compensation from the at-fault party. At Marks & Harrison, we are ready to handle your case from start to finish. Contact us today to schedule a free consultation with an experienced slip-and-fall accident lawyer in Washington, D.C.
