Jackson Slip & Fall Lawyer
Falls are the leading cause of Emergency Room visits in Jackson. These incidents are especially common in nursing homes. Older adults are especially vulnerable in this area. As we get older, our senses and muscle control degrade. So, older adults often cannot see fall hazards. And, once they trip, they are unable to regain their balance. Furthermore, most older people have pre-existing conditions which make fall injuries, such as broken bones, life-threatening in some situations.
The experienced Jackson slip & fall lawyer at Keith B. French Law routinely handles these matters in Madison County and nearby jurisdictions. So, our professional team members are familiar with all local procedural rules. That includes the unwritten rules. As a result, I focus exclusively on obtaining maximum compensation for your serious injuries. An injury claim should never be a training tool for an inexperienced lawyer.
Duty of Care
Typically in negligence law, people have a duty of reasonable care. This principle comes from the Golden Rule (do unto others as you would have them do unto you) which school children once memorized. In the premises liability realm, a category which includes falls, dog bites, swimming pool drownings, and a few related injuries, the duty of care varies based on the relationship between the victim and property owner.
- Invitee: If the victim had specific or general permission to be on the property and that presence benefited the owner in some way, the owner usually has a duty to ensure the premises are reasonably safe. Moreover, the owner must conduct frequent safety inspections.
- Licensee: These individuals have permission to be on the property, but there is no benefit. An apartment tenant’s guest is usually a licensee. Since the relationship isn’t as close, most owners only have a duty to warn licensees about latent (hidden) defects, such as a loose handrail.
- Trespasser: This pejorative word usually means someone who has no permission to be on the land and whose presence does not benefit the owner. Burglars are usually trespassers. Owners usually have no duty in these situations, other than a duty to refrain from intentional harm.
These categories are rather confusing and overlapping. Usually, a Jackson slip & fall accident lawyer makes legal arguments to a judge in this area. The judge then determines the appropriate duty of care and instructs jurors accordingly.
Knowledge of Hazard
However, the factfinder, which could be a judge or jury, usually determines knowledge, which is the second major prong of a fall injury claim. Owners are only responsible for damage if they knew, or should have known, about the hazard which caused injury.
Direct evidence of actual knowledge usually includes “smoking guns” like inspection or restroom cleaning reports. Attorneys usually uncover such evidence during the discovery process. So, if a case settles before discovery, the property owner may be able to hide some critical proof.
Circumstantial evidence of constructive knowledge (should have known) typically involves the time-notice rule. The longer a hazard existed, the more likely it is that the owner knew about it and should have appropriately remedied it.
Connect with a Diligent Hinds County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced slip & fall accident lawyer in Jackson, contact Keith B. French Law, PLLC. Virtual, home, and hospital visits are available.
