How Much Compensation Do You Get for Slipping on a Wet Floor?

All US states but Texas require employers to provide workers' compensation insurance for their workers. This insurance coverage protects workers when they get injured in the workplace. It settles their medical bills and lost wages, among other benefits to which the employee might be entitled when they get injured in the workplace. In return, the employee waives their right to file a lawsuit against their employer.

However, depending on the unique circumstances of your case, you may be able to sue your employer after slipping and falling on a wet floor at work. For example, if your employer does not have workers' compensation insurance even though the law requires them to, this could be a good reason for filing a lawsuit.

Liability for slip and fall varies from case to case. In general, you can sue the owner of the property where the incident occurred.

For example, if you slipped and fell on a wet floor in a common area at your apartment, you can sue the apartment owner or property management company.

On the other hand, suppose you slip and fall in a grocery store. In that case, you may be able to file a slip and fall lawsuit against the grocery store owner.

It is also important to note that just because the accident occurred at someone's property does not necessarily mean they are directly liable for your injuries. This is because different people and entities share varying levels of responsibility when it comes to such accidents.

Take, for instance, a slip and fall accident that occurred at a shopping mall. Under normal circumstances, you may want to file a lawsuit against the owner of the mall or the property management company in charge of the establishment.

However, what happens if the mall owner hired an independent cleaning company responsible for the dangerous condition (wet floor) that led to your injuries? In that case, you will need to file a claim with the cleaning company, not the mall owner or property management company.

The bottom line is that the issue of liability is complicated and confusing. Just because such an accident occurred on someone's property does not necessarily mean the property owner is liable. You need an experienced slip and fall attorney to review the unique circumstances of your case and determine liability.

In a typical slip and fall case, you can claim economic and non-economic damages. Examples of economic damages include medical bills, lost wages, and lost earning potential. You may also recover the cost of transportation to and from your medical appointments and rehabilitative services such as physical therapy.

Non-economic damages seek to compensate the injured for their non-financial losses relating to the accident. Examples of such damages include pain and suffering, mental distress, embarrassment, and loss of enjoyment of life.

To prove your slip and fall case, your case must satisfy the key elements of a premises liability claim. They include the following:

Duty

You must prove that the other party owed you a duty of care. This means that they were responsible for your safety. However, it is worth noting that slipping and falling on someone else's property does not mean they automatically owe you a duty of care. On the contrary, your status at the property will determine whether the property owner owes you such duty.

For instance, when you are an invited guest at the property, the owner owes you a duty of care. However, being a guest does not mean you should have a formal invitation to be at the property. Instead, it means you have a legitimate reason to be at the property. For example, when you visit a supermarket for shopping, it means you are at the property as a customer, which is a legitimate reason.

However, suppose you visit the same supermarket after hours when the business is closed. In that case, your presence at the property is considered uninvited, meaning the supermarket owner does not owe you a duty of care.

Breach

You must also prove that whoever owed you a duty of care breached this duty. In other words, you got injured due to someone's failure to provide reasonable standards of care, such as failing to clean up the wet floor. From a legal standpoint, a breach of duty of care is considered negligence.

Causation

Thirdly, you must show that you got injured due to the defendant's breach of duty. In other words, it means their negligence harmed you.

While proving causation, you must establish that the defendant's negligence is the proximate cause of your injuries.

Damages

Lastly, you should demonstrate that you suffered damages for your injuries. As discussed, you could claim economic and non-economic damages.

Keep in mind that these elements go hand in hand. You will likely win the case if you prove all of them. For instance, you cannot get compensation if you prove a breach of duty but fail to establish that you suffered damages as a result. 

Here are some common defenses for premises liability cases:

The defendant did not owe the plaintiff a duty of care. This means that the defendant was not responsible for your safety.

The defendant did not have reasonable time to remove the dangerous condition. For example, suppose you slipped and fell after stepping on a wet floor caused by a leaking freezer at a grocery store. In that case, if the leak started a minute before you stepped on it, the defendant could claim that one minute was insufficient to know about the leak and clean it up. On the other hand, if the pool of water had been sitting there for hours, the defendant cannot claim a lack of reasonable time to clear the mess as a possible defense.

The plaintiff ignored warning signs. For example, suppose the defendant had put up visible and understandable signs warning the plaintiff about the wet floor. In that case, the plaintiff might not be able to sue if they ignored the warning sign.

The defendant can also claim that any reasonable person would have acted differently, preventing the slip and fall. Slipping and falling does not automatically mean you are eligible for compensation. However, if any other person under similar circumstances could have acted differently to avoid the slip and fall, this alone could be used as a possible defense against your claim.

The plaintiff was partly responsible for the accident. A good example is when a drunk person slips and falls on a wet floor. The defense could claim that being drunk contributed to the slip and fall accident.

Lastly, you will lose your right to pursue legal action against the defendant if the statute of limitations has expired. Most states have a two-year statute of limitations for such cases. However, since each state has different laws, contacting an attorney as soon as possible is always advisable to learn more about these crucial deadlines.

Different factors will determine how long such a case will take. For example, if the other party agrees to settle the case out of court, the process will be much shorter. On the contrary, court cases take longer due to backlogs, increased paperwork, and other judicial procedures both parties must follow.

Generally, these cases take anywhere between a few months to several years to settle. For instance, it could take a few months to settle the case in court, but if the other party files an appeal to challenge the ruling, the process will take much longer.

You do not necessarily need an attorney to file a slip and fall lawsuit. However, statistics have shown that individuals who hire attorneys usually have a higher chance of winning reasonable settlements for their injuries.

An experienced attorney can help in many ways, including but not limited to the following:

Evaluating the claim to determine whether it is valid. This ensures you have legal grounds to fight for your right to compensation.

Assessing available evidence to prove your case. And if you need more evidence, the attorney will help you gather what you need to prove your case.

Assessing your injuries and damages. This forms the foundation for filing a claim or lawsuit against the defendant.

Identifying the liable party. The attorney can help hold one or more parties accountable for your injuries based on available evidence.

Filing a claim or lawsuit on your behalf. In most cases, the attorney will begin with filing a claim, allowing the case to be settled out of court. But if the other party is unwilling to settle, a lawsuit might be the best way to proceed.

It depends on the attorney or firm you hire. For example, at Morgan and Morgan, we know how painful it is to suffer injuries from a slip and fall accident. For this reason, we do not charge our clients upfront. Rather, we offer our services on a contingent basis, meaning you only pay if we win. This lets you focus on recovering from your injuries without worrying about attorney fees as we fight for you.

Morgan and Morgan can fight for your right to compensation if you have been injured due to a slip and fall.

We understand your pain. We also understand how challenging it is to deal with insurance companies at such a time. Chances are, they will try to blame you for the accident, not because they believe in their allegations but because they do not want to compensate you for your injuries.

If that happens—or to prevent that from happening—you need a law firm with powerful resources to take on the biggest bullies in the country and defend your rights. Moreover, you need a firm with a solid track record of winning such cases.

That is where Morgan and Morgan comes in. Contact us today for a free, no-obligation case evaluation.