When you suffer from a serious slip and fall injury, recovery is not always an easy path.
Between medical bills, time away from work, and other expenses – not to mention the physical and emotional strain of recovery – there’s a lot you have to deal with in the aftermath of a slip and fall accident.
Luckily, there are options available to help relieve that burden. At Kiefer & Kiefer, we have nearly 100 years of combined experience representing slip and fall victims in New Orleans. We can help you recover damages to compensate you for the losses you’ve suffered.
When you suffer from a serious slip and fall injury, recovery is not always an easy path.
Between medical bills, time away from work, and other expenses – not to mention the physical and emotional strain of recovery – there’s a lot you have to deal with in the aftermath of a slip and fall accident.
Luckily, there are options available to help relieve that burden. At Kiefer & Kiefer, we have nearly 100 years of combined experience representing slip and fall victims in New Orleans. We can help you recover damages to compensate you for the losses you’ve suffered.
”“Megan Kiefer was my attorney in a case against one of the most powerful companies in the U.S. She made my experience the least traumatic as possible. I had a Slip and Fall case that caused me many painful sleepless nights. From the first to the last visit, Megan Kiefer was a wonderful listener and very clear in her explanations. She quickly the most important facts to build the case. I always felt good and convinced that she will win the case in my favor – and she did!”
~ Marie-Claude
Defining “Slip and Fall” Accidents in Louisiana
A “slip and fall” accident is any accident where you slip, trip, and/or fall and are injured as a result. According to the National Safety Council, slip and falls are the most common nonfatal accidental injury, and the second-most common accidental cause of death.
Under premises liability law, all property owners have a “duty of care” to anyone who legally enters their property. This means that they must take reasonable action to maintain their property and prevent it from causing any injuries.
If a property owner fails to meet this standard, they can be held liable for any damages caused by their property. This means that if you were injured on someone else’s property, and you can prove that they acted negligently, you can file a premises liability lawsuit against them to recover your damages.
In order to prove that a property owner acted negligently, you need to prove four things:
1
There was a hazard on the premises that constituted an unreasonable and foreseeable risk of harm.
2
The defendant either created or had actual or constructive notice of the condition.
3
The merchant failed to exercise reasonable care.
4
You have suffered damages as a result of the hazard.
Causes of Louisiana Slip and Fall Accidents
Every accident is different, and there are countless ways that negligent property maintenance can result in a slip and fall.
However, here are some of the most common causes:
Wet surfaces, such as slippery floors and spills
Uneven surfaces of a floor, such as cracks, loose floorboards, or uneven decking
Uneven surfaces of a parking lot, such as cracks, potholes or sidewalks
Uneven or slippery steps
Broken steps or handrails
Debris or items blocking a walkway
Inadequate lighting
Wet surfaces, such as slippery floors and spills
Uneven surfaces of a floor, such as cracks, loose floorboards, or uneven decking
Uneven surfaces of a parking lot, such as cracks, potholes or sidewalks
Kiefer & Kiefer has been helping slip and fall victims in New Orleans for three generations. We care about making our community safer, and one of the ways to do that is to hold property owners accountable for the dangerous conditions of their property.
By presenting evidence of your injuries to a jury, we will do our best to get you a fair settlement that fully compensates you for all of your losses.
That’s why we go above and beyond what’s typically expected from a personal injury lawyer. We will help you file a lawsuit, negotiate with the at-fault party, and represent you in court. Our goal is to prevent others from experiencing the same accident, and to help you recover the full amount of compensation that you deserve for your losses.
But we don’t stop there. We will make sure you win the compensation you deserve, but we will also make sure you receive the help you need to make a full recovery from your accident.
Here are some of the ways we can help:
We’ll handle the insurance companies so you don’t have to.
We’ll help you come up with a plan to pay your bills while you’re waiting for your settlement.
We’ll make sure you get the best medical care possible for your injuries.
We’ll help you find rehabilitative treatment or further long-term care, if necessary.
We’ll connect you with the best mental health professionals in New Orleans to help you process any trauma.
We’ll handle the insurance companies so you don’t have to.
We’ll help you come up with a plan to pay your bills while you’re waiting for your settlement.
We’ll make sure you get the best medical care possible for your injuries.
We’ll help you find rehabilitative treatment or further long-term care, if necessary.
We’ll connect you with the best mental health professionals in New Orleans to help you process any trauma.
Slip and Fall Accident Attorney FAQs
Will My Case Go to Trial, or Will It Be Settled?
Several factors determine whether your case goes to trial or settles out of court. The strength of your claim is the most important; if there is plenty of evidence against the defendant, their insurance company may settle the claim to avoid losing even more money at trial. If your slip and fall accident lawyer believes that there is a good chance that you could secure punitive damages, they will likely go to trial. Punitive damages are awarded by a judge or jury and rarely included in a settlement (the defendant isn’t likely to offer to punish themselves after all).
What Are Common Causes of Slip and Fall Accidents?
Common causes of slip and fall accidents include wet or slippery surfaces, uneven flooring, and poor lighting. Spills, leaks, or ice on sidewalks can also create hazardous conditions and should be cleaned up or otherwise corrected as soon as possible. Other causes of slip and fall accidents include inadequate maintenance, like broken handrails or stairs, obstacles, and cluttered walkways that pose trip or slip hazards. Your lawyer will look for evidence that the property owner or manager was aware of the hazards but failed to take proper steps to rectify them.
What If the Property Owner Claims I Was Trespassing?
Trespassing generally means that you were on another’s property without permission, although there are some locations, such as being in an area open to the public or on public property, that may grant you implied consent to be on the property. Even if you were trespassing, property owners still have a legal responsibility to maintain the property for safety. But these cases can get tricky, which is why it’s so important to have an experienced slip-and-fall accident lawyer representing you. They can help you gather evidence of the property being fundamentally unsafe, which may help bolster your case.
What Medical Documentation Will I Need for My Claim?
For personal injury claims like a slip and fall case, the most important piece of medical evidence is your post-accident medical assessment. This includes details about your injuries and how you sustained them. You may also need a physician’s statement about your treatment plan and options, including rehabilitative therapy or surgery, to determine the full cost of your medical care. Retain all records of your post-accident medical treatment, including physical therapy, a hospital stay, or any treatment for complications from your injuries. You may also have other expenses for your injuries, like prescription medications or durable medical equipment.
How Are Pain and Suffering Damages Calculated in Slip and Fall Cases?
Pain and suffering (and other non-material losses in personal injury claims) are calculated in one of two ways, but both are based off the total of your material losses. The multiplier method uses the total of your economic losses (medical care, lost wages, property damage) and multiplies it by a number from 1-5, depending on how severe and disabling your injuries are (5 is the worst). So, if your economic losses are $5,000, and your slip and fall accident lawyer uses a multiplier of 2, then your non-economic losses would be $10,000. The per diem method assigns a dollar value on each day that you’re injured, depending on your daily activities and lifestyle, then multiplies that dollar amount by the number of days you’re injured or until you’ve been determined to have met Maximum Medical Improvement.
825,000
2021: SLIP AND FALL AT A HOTEL CAUSING FACET JOINT INJURY WITH SURGICAL PROCEDURE
How Unsafe Conditions Lead to Slip and Fall Accidents
As a trusted New Orleans, LA slip and fall lawyer knows, unsafe conditions are a primary contributing factor to slip and fall accidents, often resulting in injuries that range from minor bruises to severe fractures and head trauma. These accidents occur when individuals lose their balance due to various hazardous conditions in the environment, leading to potentially life-altering consequences. Understanding the range of unsafe conditions that can lead to slip and fall accidents is crucial for both individuals and property owners to promote safety and prevent such incidents. When you need help following your accident, get in contact with Kiefer & Kiefer for help with your claim.
What kinds of unsafe conditions are there?
One of the most common unsafe conditions is wet or slippery surfaces. Spills, leaks, rainwater, or recently cleaned floors that are not adequately dried or marked with warning signs can become treacherous hazards. In grocery stores, restaurants, and public facilities, liquids inadvertently spilled on tile or linoleum floors can quickly transform into slippery surfaces, causing unsuspecting pedestrians to lose their footing.
Uneven surfaces also pose a significant risk. Cracked sidewalks, damaged flooring, loose carpets, and potholes can catch individuals off guard, causing them to stumble or trip. This danger is particularly pronounced for the elderly, who may have reduced mobility and balance. Inadequate lighting exacerbates these dangers, as poorly lit areas obscure hazards and make it difficult for individuals to navigate safely.
Unmarked Dangers
Insufficient signage is another common contributor to slip and fall accidents, as a New Orleans slip and fall lawyer understands. Failure to properly mark areas undergoing maintenance, identify steps or changes in elevation, or warn of slippery surfaces can lead to accidents. For instance, construction sites or areas with ongoing repairs should be clearly delineated to prevent individuals from entering hazardous zones.
Inadequate Maintenance of Buildings
Loose or inadequate handrails are a potential danger, especially on staircases and ramps. When individuals rely on handrails for support and stability, a loose or broken rail can lead to a catastrophic fall. This risk is particularly high in public spaces, as poorly maintained or missing handrails can cause individuals to lose balance while ascending or descending stairs.
Inadequate maintenance practices can exacerbate unsafe conditions. Neglecting routine cleaning, repairs, and inspections increases the likelihood of hazards going unnoticed or unaddressed. Over time, minor issues can escalate into dangerous situations that lead to slip and fall accidents.
What can be done?
To mitigate these hazards, property owners, businesses, and individuals must prioritize safety. Regular maintenance and inspections are essential for identifying and rectifying potential dangers. Proper signage, appropriate lighting, and nonslip surfaces can significantly reduce the risk of slip and fall accidents. Additionally, individuals should remain vigilant, watching out for potential hazards and adjusting their behavior accordingly, such as walking cautiously on wet surfaces or using handrails when available.
Get In Touch With Our Legal Team Today!
Unsafe conditions play a significant role in causing slip and fall accidents. Wet or slippery surfaces, uneven ground, inadequate signage, poorly maintained handrails, inappropriate use of mats, weather-related hazards, and subpar maintenance practices all contribute to these incidents. Recognizing and addressing these factors is essential for promoting safety, preventing injuries, and creating environments that prioritize the well-being of all individuals. Contact Kiefer & Kiefer to see how our New Orleans slip and fall lawyer can help you today.
Working with a New Orleans, LA slip and fall lawyer is essential after a major fall caused by another party’s negligence. Your safety is the top priority immediately after the incident, and understanding your legal rights is crucial. At Kiefer & Kiefer, we’re here to provide guidance, support, and answers to your most pressing questions. With extensive experience in handling slip and fall cases in New Orleans, we specialize in seeking justice for our clients. In this FAQ, we aim to address common inquiries to help you navigate the complexities of slip and fall claims. From what to do after an accident to the types of compensation you can pursue, our goal is to offer you the information you need to make informed decisions.
What should I do immediately after a slip and fall accident in New Orleans, LA?
After a slip and fall accident in New Orleans, your safety is paramount. Ensure you seek immediate medical attention if injured. If possible, document the scene by taking photographs, gather contact information from any witnesses, and report the incident to the property owner or management. A New Orleans slip and fall lawyer from Kiefer & Kiefer can assess your case and determine potential liability.
How can a slip and fall lawyer assist me with my claim?
A slip and fall lawyer can possess extensive experience and knowledge to help support you in or outside the courtroom. They will investigate the incident, collect evidence, and identify responsible parties. Lawyers at Kiefer & Kiefer are skilled in negotiating with insurance companies to secure fair compensation for medical bills, lost wages, pain, and suffering.
What types of compensation can I pursue after a slip and fall accident?
Slip and fall accident victims can seek compensation for various losses. These may include medical expenses, physical therapy, property damage, lost income, and emotional distress. In cases involving severe negligence, punitive damages might also be sought.
How long do I have to file a slip and fall claim in New Orleans, LA?
For most slip and fall claims in New Orleans, LA, the statute of limitations is generally a year following an incident. However, it’s crucial to seek legal advice as soon as possible, as evidence can deteriorate over time. Consulting a slip and fall lawyer at Kiefer & Kiefer promptly can help protect your rights.
Why should I choose Kiefer & Kiefer for my slip and fall case in New Orleans, LA?
Kiefer & Kiefer stands out in New Orleans, LA, due to its extensive experience in handling slip and fall cases. Our legal team possesses a deep understanding of slip and fall law and is committed to delivering personalized, compassionate, and effective legal representation. We’re dedicated to helping victims seek justice and obtain the compensation they deserve.
If you’ve experienced a slip and fall accident in New Orleans, LA, don’t hesitate to contact Kiefer & Kiefer for expert legal guidance. We’re here to help you navigate the legal process, protect your rights, and secure the compensation you’re entitled to. Reach out to our team today to work with a New Orleans slip and fall lawyer.
New Orleans Slip and Fall Statistics
According to the Centers for Disease Control and Prevention, over 4.5 million people are injured in slip and fall accidents each year in the U.S. Of these, about 300,000 people are hospitalized, and 35,000 die. Although many comedy shows use slip and fall accidents to get laughs, these numbers reveal just how serious these accidents can be. Contact a slip and fall lawyer for legal assistance if you’ve been injured.
Slip and Fall Infographic
Understanding Situations Where A Case May Be Possible
Slip and fall incidents can happen in many places, from grocery stores to parking lots, but not everyone who experiences a fall realizes they may have a valid legal claim with a slip and fall lawyer . Often, people assume it was simply an accident or believe the conditions were their fault. However, certain circumstances point to negligence on the part of a property owner or manager, which could mean you are entitled to compensation. Kiefer & Kiefer has 60 years of experience working with personal injury cases and knows the ins and outs of the Louisiana laws. We will work hard to try to get all of the money you have lost back.
When Poor Maintenance Leads To Hazardous Conditions
One common scenario is when poor property maintenance creates unsafe conditions. For example, if a store fails to clean up a spill in a timely manner, or if a parking lot is left with large potholes, these hazards can lead to serious falls. Property owners are responsible for ensuring their spaces are reasonably safe for visitors. If they neglect these duties and you get hurt as a result, they may be held accountable.
Hidden Dangers You Couldn’t Have Avoided
Sometimes, slip and fall cases involve hazards that are not immediately visible. Uneven flooring that looks flat or an unmarked wet area can catch you off guard. Even something as seemingly minor as a loose step or an icy walkway without warning signs can lead to severe injuries. In such cases, the lack of visible warning or proper maintenance can support your claim.
Accidents In Public Or Shared Spaces
Slip and fall incidents in public or shared spaces like apartment complexes, parks, or office buildings often leave victims questioning who is at fault. If the property owner or manager was aware—or should have been aware—of the unsafe conditions and failed to take action, they could be liable. For example, a tenant reporting a broken staircase that goes unrepaired for months could support a case if an injury occurs. Experienced slip and fall attorneys understand what kind of evidence you may need for a case like this.
Negligence During Events Or Gatherings
Special events like weddings, concerts, or community fairs often take place in rented or temporary venues. These setups can sometimes result in unsafe conditions, such as poorly constructed walkways or slippery floors after food and drinks are spilled. If the event organizer or venue management neglected their duty to provide a safe environment, they could be held responsible for injuries.
Unclear Responsibilities Among Multiple Parties
In some cases, it’s not immediately clear who is responsible for maintaining a safe property. For example, in a shopping mall, is it the store manager or the mall owner who should have addressed the slippery entrance? While this can seem complicated, legal expertise can help determine where liability lies, ensuring you pursue the right party.
Why It’s Important To Speak Up
Many people hesitate to explore their options after a fall, worrying they’ll be blamed or that their injuries aren’t severe enough. However, it’s crucial to remember that property owners and managers have a legal responsibility to ensure safety. If their negligence caused your injuries, seeking legal advice can help you recover the costs of medical bills, lost wages, and other damages.
Take Action To Protect Your Rights
If you’ve experienced a slip and fall, don’t dismiss it as a simple mishap. Understanding your legal rights is the first step toward getting the help you need. Contact Kiefer & Kiefer today for a free consultation. We’ll review your situation, determine if you have a case, and guide you through the process with care and expertise. Don’t wait—let one of our slip and fall attorneys help you take the next steps toward justice and recovery.
Kiefer & Kiefer, New Orleans Slip and Fall Lawyer
1100 Poydras Street., Suite 1300 New Orleans, LA 70163