Property owners have a legal responsibility to provide a safe environment on their premises, remedy hazardous conditions, and even warn users of potential dangers. If you suffered damages from a slip-and fall accident in Edina, either as an employee or visitor to a property/business, a lawyer will help you determine the owner’s liability and pursue compensation.
Slip-and-fall accidents can be complex, and often property owners claim that you are partly liable for the accident. Other times, owners might claim they were not directly responsible for the condition that caused the accident. Working with an Edina personal injury attorney experienced in handling slip-and-fall cases is always in your best interest, as they will help you navigate potential issues raised by the negligent party and their insurance company. At Knutson + Casey, we have a team of award-winning attorneys ready to listen and guide you through the process.
Slip-and-fall accidents are common not just in Edina, Minnesota, but across the country. According to the Minnesota Department of Administration, workplace slip-and-fall accidents are the second-leading cause of injuries among state employees. Generally, the accidents are prevalent in both public and private settings and could result from all sorts of hazards, such as:
Minnesota slip-and-fall accident laws hold the property or business owner liable for accidents occurring on their premises when they are negligent. The defect or condition that caused your accident may be due to their error, an error of their employee, or a faulty condition the owner should have known about.
If you sustained injuries from a slip-and-fall accident at your workplace and are covered under your employer’s workers’ compensation, you should be able to claim the benefits. These include any medical expenses incurred and lost wages. In addition, if the injuries deprive you of the ability to complete tasks you used to do before, you should also receive vocational rehabilitation benefits from the coverage.
Usually, workers’ comp is a no-fault system, meaning you do not need to prove your employer’s negligence to receive compensation. So, you are likely to claim the benefits without embarking on a legal battle. However, if they withhold them, you may consult an Edina slip-and-fall accident lawyer to guide you and hopefully help you recover the damages.
On the other hand, if you were a visitor or customer visiting the property/business when you were hurt, you should:
Ideally, once you hire an Edina slip and fall lawyer, they should gather all the evidence necessary, help you calculate your damages, and file a demand with the at-fault party’s insurer. If the insurer fails to fairly settle, the attorney should advise you on whether filing a lawsuit is viable, based on the evidence available.
As mentioned, many times the property or business owner may shift the blame for the accident to you. For example, one may claim that you were not paying attention while walking, which is why you did not discover the uneven pavement. They might claim you wore shoes that did not have enough traction to navigate their slick floor, leading to your fall, and so forth.
Depending on your accident, you should expect resistance from the at-fault party and their insurer. However, your slip and fall attorney in Edina, Minnesota should be able to gather enough evidence and leverage applicable laws to defend you against their allegations.
If you were partly responsible, Minnesota follows the comparative negligence rule, which allows you to recover damages as long as your contribution level is not greater than that of the property or business owner. For instance, if you were 20% liable for the accident and the settlement is $50,000, you may recover only 80% of the damages awarded, which would be $40,000.
There is a likelihood that your slip-and-fall claim may settle out of court. However, if the circumstances necessitate filing a lawsuit, it is crucial to keep in mind the statute of limitations. The statute of limitations is the deadline within which you must file a lawsuit in court against the at-fault party.
In Minnesota, the statute of limitations for personal injury cases can be as short as two years from the date of the accident, or as long as 6 years for simple negligence. As you negotiate compensation with the at-fault party’s insurer, you should take note of the time-lapse to avoid missing the deadline, especially if they are adamant about their proposed settlement amount.
If you were injured in a slip-and-fall accident caused by a property/business owner’s negligence, you should seek an experienced lawyer to help you recover your damages. An experienced attorney is indispensable in gathering evidence, establishing liability, computing damages, negotiating for fair compensation, and representing you in trial, if necessary.
At Knutson + Casey, we have a team of experienced slip-and-fall lawyers in Edina, Minnesota ready to evaluate your case and guide you as necessary. We have helped thousands of clients across Southern Minnesota and pride ourselves on our small firm support and big firm power approach. With us as your attorneys, you can count on personable service from an innovative team ready to give you the best representation possible. Talk to us today at (507) 344-8888 or fill out our contact form for a free consultation.