Can I Sue for a Slip and Fall if I Don’t Fall Down?

Injuries can happen for all sorts of reasons, and some accidents are cases of bad luck where no one is at fault. But incidents like slip and falls are often preventable through reasonable actions like cleaning, posting warning signs, and making necessary repairs. When the owner of a property fails to take these actions, their negligence can easily cause someone to slip and injure themselves.

Such an incident would give you the right to file a slip and fall lawsuit against the property owner, whether it’s an individual, business, or public entity. But what if you slipped and managed to catch yourself from falling? Can you have a valid slip and fall claim if you don’t fall? And what kind of compensation can you receive if you didn’t fall down, but are still injured on someone else’s property?

These are the questions we will set out to answer in this article, which we hope will provide you with an understanding of your rights and legal options. However, we can only address specific questions about your accident during a free consultation at our law firm, so contact us right away to speak with a slip and fall accident lawsuit attorney.

Slip and Twist Accidents: A Brief Overview

What is a slip and twist, you ask? It’s similar to a slip and fall with one notable exception: you are able to stop yourself from collapsing on to the ground or another surface. Typically, people find something to grab on to, like a shelf or the edge of a table. If they are in good physical shape, they may even have the strength to catch their balance and hold themselves up. Either way, the problem is the extreme pulling, stretching, and twisting motions that are necessary to keep yourself upright. This is why you can end up with serious injuries from a slip and twist incident.

If you would like to learn more about these accidents, as well as your right to demand compensation from a slip and twist injury lawsuit, give us a call to schedule a free case review. We can help you with an accident claim against any type of property, including:

• Stores – supermarkets, big box stores, membership stores, home improvement stores, etc.
• Malls and shopping centers
• Restaurants
• Bars and nightclubs
• Office buildings, including government-owned buildings
• Apartment complexes / mobile home parks / condo associations 
• Work sites
• Train stations, bus stops, and airports
• Public parks, swimming pools, and beaches
• Sidewalks
• Movie theaters  
• Theaters and concert halls
• Sports stadiums
• Hospitals, clinics, nursing homes, and other medical facilities
• Parking lots and garages
• Hotels and resorts
• Elevators / escalators 

Injuries from Slipping Accidents without Falling

You probably have some familiarity with the types of injuries you can sustain from a slip and fall. But there are specific injuries that are associated with slip and twists, which can also leave you with serious health complications. Here are the most common of these injuries:

• Ankle and/or wrist sprain
• Straining of the muscles, ligaments and tendons (soft tissue injuries)
• Dislocation of the joints in your knee, elbows, and shoulder
• Deep cuts and scratches on your skin, which can result in disfigurement and potentially fatal infections
• Brain injury if your head hits something before you can steady yourself (the wall, for example), along with possible injuries to your skull, jaw, and facial bones

Who is Responsible for a Slip and Twist Accident?

The responsibility for a slip and twist incident usually falls on the property owner, based on the law of premises liability. This is a legal concept that holds owners accountable if someone is harmed on their property from a condition that most people would consider a hazard. When it comes to a slip and fall or slip and twist accident, here are some examples of hazardous conditions:

• Water on the floor
• Spilled drinks and food
• Broken appliances (that are leaking water and other substances)
• Leaking toilets and sinks
• Uneven flooring
• Lack of handrails on steps and stairs
• Parking lot hazards – snow, ice, debris from garbage cans
• Worn areas on rugs, carpets, and tiles
• Outdoor steps without stair treads
• Missing or defective handrails
• Loose cords and wires
• Not placing Wet Floor signs after mopping the floor
• Slick patches from gasoline, motor oil, etc. at gas stations

These are all issues that the owner could have resolved with basic care and maintenance. Failure to take care of such problems constitutes negligence by the property owner, which is the legal basis for a personal injury lawsuit. If you slipped on a property due to an unsafe condition, don’t delay in contacting our office and speaking to a lawyer with experience in slip and fall injury cases.

Case Value of a Slip and Twist Accident Claim

No two slip and twist injury cases are alike, due to the many factors that are unique to each victim’s accident. The harm they’ve suffered and how their life has been changed by the incident will help us determine an appropriate amount of compensation to ask for. Based on your medical expenses, pain and suffering, lost income, and other applicable damages, these cases may be worth anywhere from $15,000 to $2,500,000 and up. We know this is a very wide range, but it goes to show you the various elements that contribute to the valuation of a settlement award. To discuss these issues in detail and get a sense of what your own lawsuit is worth, contact our law firm at your earliest convenience.

How Long Does it Take to Settle these Cases?

This is another area where great variations exist from case to case. This is due to the fact that an insurance company’s first offer is very low compared to the amount you actually deserve. This is done intentionally in the hopes that you will be desperate enough to take whatever is offered. Our job is to represent your interests and negotiate a settlement that accurately reflects the losses you have suffered. This process usually takes around 6 to 10 months if the negligent party is a commercial property, like a shopping mall or restaurant. If you are going after a public entity, like a government agency or public school, the timeframe to reach a settlement is around 1 to 2 years. Of course, there are cases that will settle faster, and ones that will take several years from start to finish.

We would be happy to discuss the settlement process with you in more detail during a free consultation, so please schedule a time to speak with one of our legal experts.

Statute of Limitations – How Much Time Do I have to File a Lawsuit?

The amount of time that you are given to file a lawsuit depends on the party that you are suing. If you are suing a private entity, such as a leasing company or major retailer, you must start the legal process within 2 years from the date of your accident.

But what if you’re injured on a property that’s owned by the city, state, or county? In that case, you will need to file a compensation claim with the applicable agency within 6 months from date of injury. You can only file a lawsuit if the agency rejects your claim, either in writing or by not responding at all within a 45-day period. If there is a response, the statute of limitations for a lawsuit is 6 months from the date of rejection. When there is no response within 45 days of the agency receiving your claim, your deadline to sue is two years from the date you were injured.

We recommend that you contact us right away to verify the time limits that apply to your situation. Getting this wrong can cause you to lose out on the right to monetary compensation, simply because you missed the deadline to file a lawsuit.

Contact Kenmore Law Group

Slipping on something can seem funny when it happens in the movies, but far too many people experience these incidents in real life. As one of these injury victims, you know all too well the importance of going after the negligent party and receiving the funds you are entitled to. The slip and fall attorneys of Kenmore are here for you every step of the way, and we will not rest until you receive the settlement you deserve from a slip and twist injury claim.

All clients receive free legal services under the Zero Fee Guarantee, so you won’t spend a penny in legal fees when you hire us to represent you. It’s the party you are suing that pays us, and only if we succeed in recovering your payment. Otherwise, we don’t get paid at all, nor will you receive any bills from us.

We are also available if you have a claim already, but need a second opinion from a seasoned accident injury lawyer. Our attorneys are happy to offer you a free second opinion, with no obligation to switch your lawyer if you would prefer to stay with your current law firm. All you have to do is contact us right away to schedule a second opinion consultation.

Kenmore Law Group is here for you 24 hours a day, 7 days a week, so give us a call to learn about the legal actions that are available to you.