Filing a Claim for a Disabled Adult’s Slip and Fall

If a disabled adult gets hurt in a slip and fall accident, the issue of who can file the claim will depend on the person’s type of disability. For instance, if the disabled person has significant intellectual impairment or other cognitive issues, they might not be able to file a claim on their own behalf to go after damages for his losses.

If there is already a court-appointed guardian for the disabled person, the guardian can file the claim and act on behalf of their ward. The court might allow a close relative or another person to act as next friend for the injured party, as well.

In cases of physical disability with no cognitive impairment, the disabled person can file their own claim like anyone else would. If they prefer, they can execute a power of attorney authorizing a specific person to handle the matter for them or they can ask the court to appoint someone to serve as next friend on his behalf. These are the same options as those available to any other unimpaired adult.

How to Establish Liability for a Slip and Fall Accident

Regardless of who files the slip and fall claim, we will have to prove all four of these elements to hold the owner of the property responsible for the damages from the accident:

  • There was a hazardous condition on the premises.
  • The landowner knew about the hazard.
  • The owner failed to correct the situation or post adequate warnings to prevent injuries.

By proving all three of those factors, we establish the property owner’s negligence. The fourth element involves establishing a nexus between the hazard, the accident, and the injuries suffered by the victim:

  • The negligence caused the accident that hurt the plaintiff.

If you or a loved one were injured in a slip and fall accident, we can help you pursue the compensation you deserve.

Analysis of the Restaurant’s Liability for the Slip and Fall Accident

We need to walk through the four elements of liability in negligence to see if the injured person can make the restaurant pay for the harm she suffered.

First Element: There was a Hazard on the Premises

A puddle left on the floor of a restaurant or grocery store presents a dangerous condition that could cause a person to lose one’s footing and fall, getting injured. The facts of this scenario satisfy the first factor for liability.

Second Element: The Owner Knew About the Dangerous Condition

A history of customer complaints can demonstrate that the restaurant knew about the hazard.

Third Element: The Owner Failed to Take Corrective Action or Post Adequate Warnings to Prevent Injuries

Having established that there was a hazard and the property owner knew about it, we can then show that they did not take the appropriate corrective action to prevent an injury. Proving this establishes negligence.

Fourth Element: The Negligence Caused the Accident That Resulted in Injury

If the property owner’s negligence causes an accident and leads to injuries, they are liable for the injured person’s losses.

Compensation for Your Losses from a Slip and Fall Accident

Once we prove liability, we can go after damages for your losses. Some of the types of compensation we have won for our clients include:

  • Medical bills, including things like the ambulance, emergency room, hospital, doctors, surgery, prescription drugs, and physical therapy.
  • Lost income, to replace the wages, salary, tips, self-employment, and other income you missed from the accident and recuperation time. Remember, lost wages are compensatory damages.
  • Decreased earning potential, if residual problems from the accident cause you to be unable to make as much money as before.
  • Pain and suffering, for the physical discomfort and mental distress you experienced.
  • Other intangible losses, like the loss of enjoyment of life when you can no longer perform activities that used to bring you joy, disfigurement, and your spouse’s claim for loss of consortium.

Getting Legal Help for Slip and Fall Injuries

At S. Burke Law, we truly care about our client. We treat you like family. We want to help you win all the compensation you deserve so that you can get back to your life.

We handle slip and fall accidents on a contingency-fee basis, which means that our compensation will come out of the settlement proceeds or court award at the end of the matter. You do not have to pay up-front legal fees for us to help you.

Call us today at 404-842-7838, to set up your free consultation. We look forward to helping you and your family.