Slip and fall accidents are among the most common personal injuries. Often, victims are embarrassed by public slips or falls and downplay their injuries, but dismissing the incident and your injuries is a costly mistake. Instead, reach out to a Tulsa slip and fall accident lawyer who will help you pursue a settlement to aid your recovery.
Victims of slip and fall accidents often wonder if their own clumsiness caused the accident and blame themselves rather than another party’s negligence for their injuries. The team of slip and fall injury attorneys at Boettcher, Divenny, Ingle, and Wicker (BDIW) has seen enough premises liability cases to recognize you are likely not at fault and deserve compensation from the party that is. With the experience and dedication of our Personal Injury Lawyers in Tulsa, BDIW ensures that justice is served, and clients receive the rightful support they need.
Common Causes of Slip and Fall Accidents in Tulsa
According to the National Floor Safety Institute (NFSI), slip and fall accidents send more than eight million people to hospital emergency rooms annually. Injuries suffered because of even a seemingly minor fall have the potential to be severe. We can help you get compensation for your injuries in a slip and fall accident claim.
Slip and fall accidents generally occur due to negligence on the part of the property manager. As experienced Tulsa slip and fall accident attorneys, we help you hold them accountable. In the cases we represent, some of the most common causes of slips and falls include:
- Wet floors or slippery floors due to spills and condensation
- Torn carpeting and uneven flooring tiles
- Cluttered aisles and uneven floors
- Poor lighting
- Lack of handrails at heights and on stairs
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Injuries You Can Suffer Due to a Tulsa Property Owner’s Negligence
Falling after slipping on a spill or clutter can cause severe and life-threatening injuries. Common slip and fall injuries include:
- Broken bones
- Internal bleeding
- Spinal cord injuries
- Traumatic brain injuries
- Skull fractures
- Knee injuries
After you have been injured, you should seek medical attention from a doctor who can diagnose your apparent injuries and any unseen injuries to prevent further health complications.
If you delay treatment, the negligent party can use that decision against you. They may say your injuries could not have been “that bad” if you did not pursue immediate medical care. They can also argue that any worsening of your condition is your own fault for delaying treatment rather than their fault for creating an unsafe environment.
Proving Liability in Slip and Fall Injury Cases
Since civil courts are already so overburdened, they have developed criteria for accident victims who hope to bring about a slip and fall suit. This criterion was designed to eliminate frivolous suits and ensure only those with real merit made it before a judge. Our team of injury lawyers will review your case, determining whether it holds these essential elements:
Duty of Care
First and foremost, the property owner or occupier must owe you a duty of care. In Tulsa, a person who enters another’s property falls into one of three categories: invitee, licensee, and trespasser. Property owners owe the highest duty of care and reasonable care to invitees, such as shoppers in a retail store, who enter a property for their own and the property owners’ mutual advantage.
For these individuals, property owners must actively maintain the premises to keep them in a safe condition. Property owners owe licensees or those who visit a property for enjoyment, such as party guests, a slightly lesser duty of care.
For these individuals, property owners must only provide a warning of known dangerous conditions. Oklahoma property owners owe trespassers no duty of care except to refrain from intentionally harming them.
Breach of Duty
Even if you can establish a property owner owed you a duty to keep you safe from harm, you must then prove that the property owner either knew about the hazard and failed to correct it or the hazard existed long enough for the owner to have reasonably noticed it. This failure to correct or notice the hazard is a breach of duty on the property owner’s part.
Notice is often difficult to prove and requires hard evidence or expert testimony. However, an experienced Tulsa slip and fall accident attorney is also a skilled investigator and will find the evidence you need, perhaps through security camera footage or witnesses’ recordings.
The existence of a dangerous condition is not as difficult to prove. Typically, photographic evidence, witness testimony, and video footage will suffice.
Like the dangerous condition element, damages are not difficult to prove either. You must simply show that you sustained injuries and financial damages as a direct result of the incident.
When your slip and fall accident attorney in Tulsa meets with the insurance company, they can show evidence of your economic and non-economic damages to ensure you recover the compensation you are entitled to receive. By proving all four elements of negligence, your lawyer can help you qualify for a Tulsa slip and fall case.
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A Tulsa Slip and Fall Accident Lawyer Will Work to Prove Complex Cases
Even if you are confident you can prove the existence of the above four elements, there is no saying whether or not an insurer or judge and jury will award you damages. The defense may claim your negligent actions, such as walking, texting, or running through an aisle, caused the accident.
It may argue it had no notice of the condition and, therefore, cannot be held liable. Most likely, the defense will be armed with a lawyer and its insurer will call in legal help, as well. However, your BDIW slip and fall accident lawyer in Tulsa is ready to protect your rights.
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Statute of Limitations for a Tulsa Slip and Fall Injury Claim
In Tulsa, you have two years to file a personal injury claim when you fall due to dangerous property conditions. However, our slip and fall attorneys recommend filing a claim as soon as you have received medical care. If you wait too long to file your injury claim, you will lose your opportunity and rights to compensation.
When you work with our experienced attorneys in Tulsa, we will tell you exactly how long you have to file based on your specific case. Certain circumstances may give you more or less time to file.
Your Tulsa Slip and Fall Accident Lawyer Will Help You Get the Compensation You Need to Recover
Slip and fall accidents often occur in public places like grocery stores, shopping malls, hotels, office buildings, restaurants, and other businesses. They can also occur in public parks or city sidewalks and are common in wet weather.
Depending on the situation, you may be entitled to an insurance settlement. Your Tulsa slip and fall accident attorney will aggressively negotiate with insurers on your behalf. If insurance is unavailable or your injuries are severe, we can guide you in filing a personal injury lawsuit. Damages you may be entitled to include:
- Medical bills
- Loss of consortium
- Loss of companionship
- Physical therapy
- Pain and suffering
- Loss of income
- Loss of future income
We’re ready to help you recover damages for your fall-related injuries and hold the at-fault parties accountable for their actions. When you meet with our Tulsa slip and fall accident attorneys, we can tell you what damages you may be able to secure.
Contact Our Tulsa Slip and Fall Accident Attorneys Today
You can level the playing field and increase your odds of obtaining a successful outcome by hiring a Tulsa slip and fall accident attorney. At our law firm, we understand the intricacies of slip and fall cases, help you navigate them and common challenges, and steer you toward a successful result.
When injuries happen due to slips and falls, BDIW Law can help you get the compensation you need to recover. To request a consultation, contact our Tulsa slip and fall accident attorneys today.
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