Were you injured because of a slip and fall accident? If so, you may be eligible to file a claim to seek compensation for damages. Slip and fall incidents fall under premises liability law. Under premises liability law in Idaho, property owners are responsible for keeping their property reasonably safe for residents and guests. If you’re hurt due to a defective or dangerous property condition in Boise, Idaho, the owner and/or the management company may be liable for the losses and damages you suffer.
Slip and fall accidents happen frequently and just about anywhere. You may have been in a shopping mall when you slipped because of a spill that was left uncleaned. Or maybe you tripped in a parking lot because of construction defects. Whichever the case, a slip and fall accident can lead to life-altering injuries that not only require months of treatment and recovery but could also leave you unable to work.
We understand just how complex these cases can be, which is precisely why our skilled and dedicated Boise slip and fall lawyers work tirelessly to fight for maximum compensation for injured victims. We will use our experience, skills, and resources to investigate your case and go against insurance companies to get you the favorable outcome you deserve. At Boise Personal Injury Lawyers Group, we are committed to supporting you and your family through this difficult journey in pursuing justice.
What Are the Most Common Slip and Fall Accidents?
As slip/trip, and fall can happen in almost any setting. Sometimes, people slip and fall because of general clumsiness or factors that genuinely have nothing to do with another’s negligence. But far too often, the carelessness or negligence of a property owner, landlord, or management company is the cause of this type of accident.
Examples of dangerous or defective property conditions that often lead to slip and fall accidents include, but are not limited to:
- Structural defects or poor maintenance/upkeep that lead to uneven steps, potholes in streets/parking lots, torn, worn, or bulging carpeting, cracked sidewalks, or broken floor tiles
- Poor lighting in walkways, hallways, or parking lots
- Wet/slippery/slick floors, walkways, or staircases
- Defective staircases or escalators (including broken or missing handrails)
- Spills that are left uncleaned inside nursing homes, stores, hospitals, etc.
- Weather-related hazardous conditions such as snowy/icy sidewalks and parking lots that have not been salted
- Debris such as misplaced items, cables, and tree branches that present a tripping hazard
- Missing warnings, i.e., a failure to place signs and/or restrict sites when dangerous conditions like wet floors or any of the above exist
Any of the above conditions can lead to a fall so catastrophic that you’re left with severe or even disabling injuries. Our experienced Boise slip and fall attorneys can help investigate the facts of your accident, build your case and fight for the fair compensation you deserve.
How Can a Boise Slip and Fall Lawyer Help Me With My Case?
While working with an attorney is crucial in just about any personal injury case, hiring an experienced lawyer in a slip and fall case is especially vital. Premises liability cases are complex, and it can be challenging to prove fault in a slip and fall accident. Besides, owners, businesses, and insurance companies rarely admit negligence and will be more than willing to fight liability claims.
A premises liability lawyer from Boise Personal Injury Lawyers Group can help you with your slip and fall case in various ways – all of which are essential in achieving a favorable outcome for your claim. A few examples of the different ways our Boise slip and fall lawyers can help you have a successful case include:
Investigating the Accident
As soon as we take your case, we will begin investigating your accident. We’ll compile key evidence of the incident, including the accident report, photographs, business surveillance videos, medical reports, pay stubs, and witness testimony. We may also use experts to help with gathering and interpreting evidence. This way, we can build a strong case from the start.
The key to a successful case is being prepared. Our lawyers will know which evidence to use to determine all potentially liable parties and which damages to claim. When preparing your case, our team will assist with all tedious paperwork and time limits. We will also be available to answer all your questions and explain each move to put you at ease.
When insurance companies know that you’re working with a reputable attorney, they know you mean business. Our slip and fall lawyers have a track record of successful slip and fall settlements and will expertly negotiate with the insurance people on your behalf.
Sometimes, even a skilled attorney is unable to resolve a slip and fall claim through settlement negotiations. When this happens, you can rest assured our attorneys are always prepared to go all the way to court.
What Steps Can Be Taken to Help My Slip and Fall Case?
If you sustained an injury because of a slip and fall accident – whether it happened in a commercial, residential, or government property – it’s crucial you take some steps to protect your rights and eligibility to claim for damages.
Whenever you slip or trip and fall in a public space, you can be your best advocate. If unable to take either of the following steps, find a family member, friend, or witness willing to take them for you:
- First and foremost – If your injuries require medical attention, get it immediately. Make sure to compile all medical records and receipts related to your treatment.
- Take as many photographs as you can at the time. The photos could be of the hazard that caused your injuries, your injuries, your clothing, etc.
- Report the accident to a manager. If they have an accident report, fill it and make sure to get a copy.
- If someone witnessed your fall, get their names along with their addresses and phone numbers.
- Save your clothes and shoes if you slipped because of some physical evidence. They can be crucial evidence at a later date.
- If possible, check to see if the hazard is addressed right away.
How Can a Slip and Fall Accident Case Be Proved?
When making a slip and fall injury claim in Boise, Idaho, getting familiar with the state’s premises liability laws could significantly impact your case against the property or business owner and their insurance company.
In order to hold an owner, landlord, or corporation liable for injury in a slip and fall case, the plaintiff must be able to prove the owner’s negligence in the context of injuries resulting from hazardous conditions on the property that aren’t remedied or warned of.
You can prove the owner or occupant’s negligence in a slip and fall case by proving the following:
- The property owner or possessor created the hazardous condition or had knowledge of the dangerous condition and failed to correct it.
- The hazardous condition existed for such a length of time, and the owner should have reasonably discovered its existence and fixed it before the accident.
- You were not aware of the dangerous condition (you did not see it in time, and there were no warning signs posted).
How Is Liability/Fault Determined in a Boise Slip and Fall Case?
To receive compensation for damages in a slip and fall case, you will need to prove that the property owner or occupant was negligent. If determined that the landowner or possessor was negligent, they will be at fault and liable for damages. Proving negligence requires showing the following:
- Duty of Care: The property owner or occupant had a duty to protect you from foreseeable dangers.
- Breach: The property owner, occupant, property management company, or other liable party knew about or should have discovered a dangerous condition on the property.
- Causation: The accident happened because the owner or occupant failed to remedy the hazard or post warnings.
- Damages: You sustained injuries and financial harm as a direct and foreseeable result of the property occupant or owner’s failure to protect you
Building Codes Establish Liability in Idaho
Another way to determine the property owner’s liability in a slip and fall case is to prove a violation of the Uniform Building Code. Proving a violation of the Uniform Building Code is enough to show that the property owner or occupant was negligent.
Idaho Statutes Section 6-801 – Comparative Negligence in Idaho
In many slip and fall cases, the occupier or owner of a property will argue that the injured claimant’s carelessness was the reason for their injuries. That argument raises the comparative negligence rule.
When comparative negligence is raised, you may be asked questions such as:
- Would a person of reasonable caution (if they were watching where they were walking) have spotted and avoided the hazardous condition in the same situation?
- Did you have a good reason to be on the property?
- Did the property owner or occupant post warning signs regarding the dangerous condition that caused your slip and fall accident?
- Were you doing anything (such as using your phone) that contributed to your slip and fall injury?
Under the comparative negligence doctrine in Idaho, an injured claimant who shared fault in a slip and fall accident shall not be barred from recovering damages. However, any damages awarded shall be diminished in proportion to their percentage of fault. For instance, if you’re determined to share 25% fault and awarded $100,000, allowed damages will be reduced to $75,000. But, if your percentage of fault for the slip and fall accident was equal to or greater than that of the defendant, you receive nothing.
How Much Is My Boise Slip and Fall Case Worth?
Suppose you successfully demonstrate that the premises owner or occupant owed you a duty of care and were negligent. In that case, you may be able to seek compensation for different damages, including:
- Medical expenses and future treatment costs
- Damages for permanent injuries
- Loss of earnings
- Your pain and suffering
- Other losses such as transportation costs related to your treatment and the cost of medical devices
- Loss of a normal life
Let our experienced Boise slip and fall accident attorneys fight for the maximum compensation you’re entitled to. Speak with our lawyers today – we are here when you need us most!
Are There Any Deadlines for Filing a Slip and Fall Lawsuit in Boise, Idaho?
In Idaho, injured slip and fall claimants have two years to file a lawsuit against the person or business at-fault for their injuries. This time limit starts on the date of the slip and fall accident.
It’s best to start your claim as soon as possible. Idaho strictly enforces this deadline with only a few very narrow exceptions. Waiting too long could cost you your eligibility to bring a claim. After an injury caused by a slip and fall accident, contact Boise Personal Injury Lawyers Group. Our skilled premises liability lawyers in Boise will act quickly and diligently to secure your rights and your claim.
Contact an Experienced Boise Slip and Fall Accident Lawyer Now
Don’t let a slip and fall ruin your life! Rely on the services of the Boise slip and fall accident lawyers at Boise Personal Injury Lawyers Group. to fight property owners and insurance companies to get you the compensation you deserve. We understand the unique challenges of a slip and fall case and will dedicate everything we have to get you the settlement you’re entitled to.
We’re proud to help slip and fall accident victims throughout Boise and the entire state of Idaho. We know your case needs expert representation – let our lawyer provide it for you. Call (208) 793-6272 for a free consultation.