I Slipped on a Wet Floor. How Can I Seek Personal Injury Compensation?
If you slipped on a wet floor and suffered injuries at a business in Nampa, you probably have to right to file a claim against the building owner, tenant, or manager and seek compensation for your injuries. While the claim filing process seems rather simple at first sight, following it is more complicated than you might think. After all, we are talking about civil court procedures. If you have not done so already, you should consider enlisting the help of a Nampa slip and fall lawyer.
Until then, the best way to assess whether you have a case is to determine whether or not you can prove that your injuries were the result of another person’s negligence, in this case, the owner, tenant, or manager of the building where you slipped on the wet floor.
If you can, they will be liable for the injuries you incurred and any expenses and losses these injuries may have caused. However, proving liability requires a deep understanding of Idaho laws, especially the ones referring to comparative negligence. The defendant in your claim will try to take advantage of its stipulations and show that you shared responsibility for your injuries.
Contributory Negligence in Idaho and How It Can Impact Your Slip and Fall Injury Claim
According to Idaho Code Section 6-801, contributory negligence does not bar recovery of damages for negligence or comparative responsibility leading to personal injury, property damages, or personal death if such negligence is not equal to or greater than the negligence or comparative responsibility of the person against whom one seeks compensation.
However, the amount of contributory negligence or comparative responsibility attributable to the claimant will diminish the compensation amount proportionally. Otherwise put, even if the other party manages to prove that you were partly at fault for the injuries you incurred, you can still file a claim and seek compensation from them.
Keep in mind, though, that the damages you receive will be lower by a percentage equal to the fault percentage corresponding to you. For example, if you incur damages worth $10,000 in an incident for which you are 25% at fault, you will only receive $7,500. If you are 50% or more at fault for the accident, you lose the right to any compensation.
Proving Liability and Seeking Compensation in Idaho Slip and Fall Cases
To receive compensation and avoid or minimize your own liability for your injuries, you will have to show that:
- The defendant in your case knew or should have known that the floor was wet and, therefore, dangerous
- It was their duty to take measures to eliminate the danger, like cleaning the floor or at least warning about its condition
- Their failure to comply with their duty led to your injury
In response to your accusations, the defendant may argue that:
- The property area you were in when you slipped and fell was not open to customers or visitors
- They took reasonable measures to warn about the danger
- You were distracted and did not pay attention to where you were walking and the signage
Your best chance to prove the other party’s liability for your injuries, dismiss their accusations, and obtain fair compensation is to turn to an experienced Nampa slip and fall attorney as soon as possible. They can help you gather evidence of how the accident occurred and what injuries and related-costs you incurred as well as prepare and file your compensation claim.
They can also help you negotiate a fair settlement or, if that is not possible, defend your interests in court. Having handled other cases similar to yours, an attorney will know exactly what to do, will advise you accordingly, and will be able to cite relevant preceding cases to support yours.
You should know that Idaho laws are quite strict when it comes to the amount of time you have available to seek compensation. According to Idaho Statutes Section 5-219, you only have two years to file a compensation claim. The clock started running when you slipped on a wet floor, so you have no time to lose.
Contact a Nampa Slip and Fall Attorney If You Have Slipped on a Wet Floor
If you slipped on a wet floor in Nampa, Idaho and suffered injuries, the party at fault should pay for their negligence. To make them pay without the extra hassle of filing a claim on your own, you need an experienced and dedicated Nampa slip and fall lawyer from Joe Frick Law. Contact Joe Frick Law today to schedule a free initial consultation.