Slips, trips, and falls can cause serious – even deadly – injuries. Falls are on pace to overtake auto accidents as the top cause of trauma-related deaths in the United States. From 2002 to 2010, the number of deaths from falls increased by 46 percent. If you have suffered a slip and fall accident in Honolulu or elsewhere in Hawaii, you know how the injuries can change your life. You may be entitled to compensation for your injuries if a property owner’s negligence was to blame.
Our Honolulu personal injury lawyers at Leavitt Yamane & Soldner are here to help you. Our attorneys offer legal representation on a contingency-fee basis, which means you don’t owe legal fees unless we recover compensation for you.
Compensation may be available after a slip or trip and fall if:
• The fall happened on someone else’s property.
• The person or company in control of the property (including individuals, government agencies, businesses, landlords, and tenants) had an obligation to take reasonable steps to ensure your safety while you were there.
• The person or entity in control of the property failed to live up to the obligation to ensure the property was reasonably safe.
• You suffered injury as a direct result of the failure.
The specific obligation that property owners have depends on why you were on the property. For example, a business must inspect the premises regularly to make sure it is reasonably safe for customers. If hazards or dangerous conditions exist, they must be corrected or patrons must be warned about them. If you are a social visitor at someone’s home, the homeowner has a duty to make sure that any known dangers – or dangers that the owner should be aware of – are corrected. In some cases, property owners may even have an obligation to protect trespassers from harm. This is especially true for children.
Property owners may be held liable for injuries that happen on their property as a result of negligent maintenance or failure to warn guests about hazards. In some cases, tenants assume control of property maintenance and may be held liable. In apartments, condo buildings and similar homes, tenants and residents may be responsible for injuries in their own units. The building owner or manager may be liable for accidents in common areas. Homeowners and other property owners often have insurance to pay claims related to a slip and fall. Since insurance is likely to pay, you should not hesitate to take legal action to get compensation for your losses, even if they happen at a friend or neighbor’s home.
An experienced and caring professional at Leavitt Yamane & Soldner can assist with a full investigation of your accident to find the cause of your injuries and who may be responsible for them. This may involve subpoenaing maintenance records for stores and other public facilities, as well as interviewing witnesses and safety experts. If you have a valid claim, our Honolulu personal injury attorneys can negotiate with the insurance company to arrive at a settlement or pursue your claim in court.