Honolulu Slip-and-Fall Lawyers

Steps to Take After a Fall

If you take a tumble on another person’s property, there are certain things that you can do to both protect your health and your legal rights. Of course, depending on the severity of your injuries, it might not be possible to take all of these steps. You should do what you can, as best you can, to advocate for yourself.

First, even if you don’t think that you were seriously hurt, you should still seek medical attention. Many injuries are masked by the shock that you may experience after a fall. Getting checked out by a doctor is the best way to get the proper diagnosis and the right treatment for your injuries.

Going to the hospital, urgent care, or a doctor’s office is also important for any claim that you may file. This appointment will establish a direct link between the fall and your injuries. Because insurance companies often try to argue that an accident victim’s injuries were pre-existing or unrelated to the incident, this can be strong evidence to counter that argument.

Second, report the accident. If you are at a business, then you can ask an employee to file an incident report. If you are at a private home, you can tell the owner, tenant, or landlord about your fall. If you fall in a public place, such as on a sidewalk, you can report it to a government agency.

Third, try to gather as much evidence as you can while you are still at the scene. Take photos and videos of the area and your injuries. You should also get the names and contact information of any witnesses.

Photos and videos of the scene are particularly important because you might not always have access to the area and/or the conditions may change. For example, if you fell on a broken tile at a store, it might be fixed by the time you go back to get a look at it. If you fall while staying at an Airbnb, the owner might not let you back onto the property to take photos. Try to get as much visual evidence as you can while you can.

Fourth, be careful about what you say and who you talk to about the incident. Stick to the basic facts when talking to the property owner and witnesses. If you are contacted by an insurance adjuster, do not give a statement, sign any paperwork, or accept a settlement offer until you have had a chance to talk to a lawyer.

Anything that you say about the fall could be used to undermine your claim. This is particularly true when it comes to statements made to the property owner or insurance company. If you say something careless, like “I should have been more careful,” it might significantly reduce or even eliminate any potential recovery for your accident.

Fifth, schedule a free consultation with an experienced Honolulu slip-and-fall lawyer as soon as possible after your accident. You won’t have to pay anything to get some information about your legal rights and options. Having a consultation can give you a better idea of how to move forward with a case.

If you have been injured in a slip-and-fall accident in Hawaiʻi, our law firm can help you understand your rights and give you a ballpark estimate of the value of your claim. If you decide to hire us, we will fight for your right to full compensation.

Can I File a Lawsuit for My Hawaiʻi Fall Accident?

Slip-and-fall accidents are categorized as personal injury claims. More specifically, they are premises liability claims. The general idea of premises liability law is that people who own or occupy property can be held responsible for injuries that occur on their land due to hazardous conditions.

To win a premises liability lawsuit in Hawaiʻi, the fall victim (plaintiff) will have to show that the property owner (defendant) negligently, recklessly, or intentionally caused their injuries. The standard for premises liability claims is a bit different from other types of personal injury cases, like car accidents. To win a premises liability claim, a plaintiff will have to prove the following:

1. People (like the plaintiff) were reasonably anticipated to be on or in the land.
2. A condition on the property posed an unreasonable risk of harm.
3. The defendant knew or should have known of the unreasonable risk of harm.
4. The defendant had sufficient control over the property to either remove the unreasonable risk or warn others about it.
5. The defendant failed to take reasonable steps to either remove the risk or warn others about it.
6. The defendant’s actions were the legal cause of the plaintiff’s injury.

So what does this mean in plain English? Essentially, the property owner had to know about a dangerous condition on their property (or should have known about it), and didn’t fix it or warn other people about it.

Slip-and-fall accidents can happen in any number of different ways. Perhaps the classic example is a person falling on a wet or slippery floor. The question of whether a person can file a premises liability lawsuit will depend on the facts of the case.

For example, Jon slips and falls on a wet floor at the grocery store, tearing a ligament in his knee as he falls. If the floor was slippery because another customer had dropped a bottle of sauce, then the store might be liable for Jon’s injuries if the employees knew about it and didn’t clean it up or put up a sign to warn others about it.

If the spill had happened moments before Jon fell, then the store probably wouldn’t be liable. If it occurred 30 minutes before Jon’s fall, then the store will probably be responsible for Jon’s injuries.

There is another element that can come into play in Hawaiʻi slip-and-fall cases: comparative negligence. This legal concept allows plaintiffs to pursue a personal injury claim even if they were partially at fault for an accident, as long as their share of the blame was 50% or less. The plaintiff’s total recovery will then be reduced by their percentage of fault.

In slips and falls, comparative negligence usually is an issue when the defendant argues that the hazard was open and obvious. In other words, if a reasonable person would have spotted the danger and avoided it, then the property owner may not be liable (or may be less liable due to shared fault). In the grocery store example, if the spill was of a bright red liquid, then a jury could decide that Jon should have seen it and decide that he was 10% responsible.

Questions of fault in slip-and-fall claims can be complicated. If you have any questions about whether you have a potential claim for your fall accident, we can help. Contact our law firm today to talk to a Honolulu slip-and-fall attorney about your case.

Do I Need a Lawyer for My Slip-and-Fall Claim?

After a fall, the property owner will likely notify their insurance carrier about the incident. This will typically lead to the insurance company reaching out to the accident victim through an adjuster. The adjuster may tell you that the insurer takes full responsibility and that you don’t need to hire a lawyer. Should you listen to them?

This question is best answered by thinking about why the adjuster might tell you that you don’t need a lawyer. Is the adjuster working to protect your interests or the insurance company’s? The answer is obvious: the adjuster is looking out for their employer’s bottom line (not yours).

Insurance companies are in business to make money, and business is very good. One of the ways that they make money is by denying legitimate personal injury claims like yours. They also attempt to pay out as little as possible on claims.

While this works out well for the insurance company, it can leave accident victims (like you) in a bad position. Signing a settlement agreement means that you will have to give up important rights. Most significantly, you will have to sign a release where you promise not to sue for the incident. Even if you discover that your injuries were more serious than you originally thought, you won’t be able to get any more money from the insurance company.

A Honolulu slip-and-fall accident lawyer can protect you from this fate. From the first consultation, we will handle all communications with the insurance company on your behalf. We will also investigate the facts of your case and research Hawaiʻi law to develop the strongest possible claim for compensation.

Our law firm will also file a lawsuit to protect your legal rights. At the same time, we will actively negotiate with the insurance company to get you the money that you deserve. If the insurance company won’t offer a fair settlement, then we will take your case to trial and ask a jury to return a verdict in your favor.

Our law firm handles cases on a contingency fee basis, which means that you won’t pay a fee unless we recover money for you. You also won’t pay anything up-front, which is especially important when you are dealing with medical bills and lost wages. While we can’t guarantee a particular result, we can promise that we will fight for you and work tirelessly to protect your rights.

Call Miyashita & O’Steen for a Free Consultation with a Honolulu Slip-and-Fall Attorney

Slips and falls can happen almost anywhere and can cause serious injuries. If you fall and get hurt on someone else’s property, you might be able to file a claim against the property owner. Our law offices will help you get maximum compensation for your injuries.

At Miyashita & O’Steen, we are devoted to helping our clients get the money that they are entitled to for their injuries. We represent clients throughout Hawaiʻi, taking on the big insurance companies to help you get top dollar for your losses. To learn more or to schedule an appointment with a Honolulu slip-and-fall accident attorney, give us a call at 808-425-9755 or fill out our online contact form.