How To File a Slip and Fall Personal Injury Claim
Have you recently been involved in a slip and fall accident? If your accident was due to the negligence of the property owner or occupant, then you may be able to file a personal injury case against that owner or occupant. The medical bills that could be associated with such a fall could be in the thousands of dollars. When you consider there may be rehabilitation therapy involved as well as time off from work, the numbers could get real scary, real quick.
Slip and Fall Personal Injury
The owner or possessor of property has a responsibility to take reasonable care of their property. Thay also must prevent injuries from occurring visitors (whether by invitation, permission and to a certain extent, trespassers). They must repair known hazardous property dangers or post visible warning signs to inform visitors of such dangers that have no remedy. If a property fails to do so, the owner could be liable for resulting injuries a visitor may incur.
To bring a slip and fall personal injury claim you must be able to prove:
The owner or possessor of property created a dangerous condition that caused your slip and fall accident to occur:
- That the owner or possessor of the property had prior knowledge of the dangerous condition that caused your slip-and-fall injury and then negligently failed to correct it.
- The owner or possessor of the property should have known about the dangerous condition because a reasonable person managing the property would have discovered, removed or repaired the dangerous condition that caused your slip and fall accident.
- The owner or possessor of the property failed to warn you about the dangerous condition prior to your slip and fall accident occurring.
In order to prove the elements of liability above, you must identify who is the responsible owner of the property.
If you suffer a slip and fall accident on residential property, you will have to prove that:
- The property owner had control over the dangerous condition that caused your slip and fall injury.
- That such owner could have reasonably repaired the dangerous condition.
- That the owner failed to take reasonable measures to repair the dangerous condition prior to your injury occurring.
If you suffer a slip and fall accident on commercial property, you will have to prove that:
That the owner or possessor of the premises (this includes business tenants that rent the property) invited you onto the property for a business purpose and failed to warn you about a dangerous condition on the property which later caused your slip and fall accident to occur.
Recovering damages for a slip and fall accident that occur on government property depends on whether the property is owned by federal, state, or a local government agency.
Types of Damages
When filing a slip and fall personal injury claim you must state the type of damages you seek. You will also specify compensation for the injuries you incurred as a result of their negligent act.
Under Oklahoma State law, you must be able to request compensatory and punitive damages. Compensatory damages are to put you in a position that you would have been in had you not suffered the accident. Such damages consist of medical expenses, pain and suffering, emotional distress and loss of earnings and future loss of earnings.
Punitive damages could be awarded if it is determined that the defendant’s negligent action was reckless, malicious, or intentional. Such damages intend to punish the defendant in order to prevent similar conduct from occurring in the future.
If the jury should find reckless in the defendant’s actions, the rules for compensation come into play. The amount of punitive damage awarded cannot exceed the greater of $100,000 or the amount of the compensatory damages awarded.
aIn the event that the jury finds that the defendant acted with malice in intentionally causing harm to you, the amount of punitive damage awarded cannot exceed the greater of $500,000, twice the amount of the compensatory damages awarded, or the increased financial benefit derived by the defendant or insurer as a direct result of the conduct that caused your injury.
Modified Comparative Negligence
Oklahoma has adopted the doctrine of modified comparative negligence. Under this doctrine of law, a portion of your damages may reduce if comparative damages exist. For example, you will recover damages only if you are less than 50% at fault for your slip and fall accident. If you are more than 50% at fault for your accident, it bars you from recovery. Your reward amount is directly proportional to your level of fault.
Contact Jones Brown PLLC
If you’ve been hurt, the last thing you should have to worry about is your medical bills and finances. You need to focus on making a full recovery. The attorneys/lawyers at the Law Offices of Jones Brown PLLC. are dedicated to protecting you and ensuring you receive the compensation you deserve for your injuries. We have the experience and skills needed, both inside and outside of the courtroom, to ensure you recover what you deserve. Let our Tulsa personal injury attorneys take on your case while you focus on healing. Contact Us today. We are here to answer all of your questions and provide assurance in times of uncertainty. If you have a case or have questions about your legal rights, then please contact us at any time for a free consultation.