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slip and fall attorney Nampa ID

How Is Liability Established in Slip and Fall Cases in Nampa, ID?

September 1, 2018 / Joe Frick Law, PLLC

Slip and fall cases are common in Canyon County and especially its largest city, Nampa. Many of them result in broken limbs, back sprains, and other painful and costly-to-treat injuries. Few of those who incur the injuries know that they have the right to hire a Nampa personal injury attorney and claim compensation for the consequences of their slip and fall.

Whether or not victims can actually obtain compensation will depend on their ability or that of their personal injury attorney to prove the other party’s liability for the slip and fall. This is quite tricky, as slip and fall accidents in Idaho follow the principle of shared fault or contributory negligence.

Contributory Negligence in Slip and Fall Accidents under Idaho Laws

Idaho laws admit the possibility for several parties to share liability for the accident with which they were involved. In a slip and fall case, the parties could be the person who fell, the owner of the property on which the accident occurred, and, if applicable, the person or company in charge of maintaining or cleaning the property.

The overall liability for the accident is assessed at 100%. Depending on the circumstances in which the accident occurred and on the evidence the parties manage to collect, each party will be assigned a liability percentage.

The fact that the person who fell is found partly at fault for their accident does not mean they do not have the right to seek compensation for their injuries and any property damage they may have incurred.

Idaho Statutes section 6-801 clearly states that contributory negligence does not cancel someone’s right to recover damages for the injuries and material losses they incurred. However, an amount directly proportional to their fault percentage will be deducted from the total amount.

Thus, someone who incurred slip-and-fall injuries worth $10,000 on another person’s property but is 25% at fault for those injuries will only receive $7,500 as compensation, the remaining amount after deducting their fault percentage from the total amount of the damages.

Needless to say, the party at fault or their insurer will do everything in their power to show that the slip-and-fall victim was at fault for the accident. In order to succeed, they may argue that:

    • The property area the victim was in had been closed to visitors, the victim had no reason to be there, or they were trespassing
    • The victim was distracted (perhaps using their smartphone) and did not pay attention to where they were walking
  • They had taken reasonable measures to warn visitors about the risk of accidents, but the victim disregarded the warnings

An experienced Nampa personal injury attorney can help slip-and-fall accident victims dismantle such allegations and obtain a fair amount of compensation for their injuries. The sooner they take over the case, the better the results they can obtain are, especially since personal injury claims in Idaho are subject to strict deadlines.

Idaho Statutes of Limitations for Slip-and-Fall Compensation Claims

Idaho Statutes section 5-219 stipulates that lawsuits referring to personal injury should be filed within two years from the date of the accident. For property damages, the statute of limitations is subject to Idaho Statutes section 5-218 and leaves claimants three years to seek compensation for the property damages they incurred. These stipulations apply to slip-and-fall cases as well.

Since these are the deadlines for taking a case to court, the filing of the compensation claim with an insurance company should take place much earlier. The goal is to allow the claimant or their Nampa personal injury attorney enough time to file a lawsuit in case they cannot reach a convenient settlement with the insurance company.

Those who fail to take action within the mentioned periods will most likely lose their right to compensation. If their case ends up in court, the defendant will ask the court to dismiss it due to the fact that the statute of limitations expired. Therefore, it is never a good idea to wait too long before contacting a personal injury attorney and preparing and filing a slip-and-fall compensation claim.

Contact a Nampa Personal Injury Attorney Now!

If you slipped and fell, and you would like to seek compensation for your injuries and property damages, working with an experienced and dedicated Nampa personal injury attorney like Joe Frick can save you time, effort, and headaches.

The more you wait, the more difficult proving liability and justifying your compensation claim will be. Since the first consultation is FREE, you really have nothing to lose. Call right now to get a FREE case review! It is your best opportunity to find out where you stand and what steps you need to follow in order to obtain the compensation you deserve.