Injury Lawyer with a Statewide Practice and Oshkosh Main Office Seeks Damages for Victims of Slip and Fall Incidents
Wisconsin firm brings premises liability cases against property owners
Individuals and businesses that allow you onto their premises have a legal duty to maintain safe conditions, cure dangerous situations and identify any hazards that could be difficult to see. When property owners and others fail to honor their responsibility, George W. Curtis, Jr. at Apex Accident Attorneys, LLC in Oshkosh works aggressively to recover reimbursement for medical bills, lost income and other damages that stem from a slip and fall accident caused by someone else’s carelessness.
Established litigator advises on the required elements of a slip and fall claim
To win a verdict in a slip and fall injury case, the following for legal elements must be present:
- Duty of care — Unless you are trespassing, the party responsible for a given property has a legal duty to protect you against hazards that are not obvious. If the liable property owner in your case is refusing to acknowledge their responsibility, my firm takes aggressive action.
- Negligence — Failure to use ordinary care constitutes negligence. Many slip and fall cases hinge on whether the defendant knew of the danger or took reasonable steps to clear the hazard. In certain cases, posting a warning sign identifying the obstacle might be sufficient. Whether your case stems from cracked pavement, a spill on a restaurant floor or something else, I make every effort to demonstrate that the property owner was negligent.
- Proximate cause — Your injury must bear a causal connection to the defendant’s negligence. A property owner who does not salt their icy parking lot could try to show that something besides their failure to clear the ice triggered the victim’s injury.
- Damages — During settlement discussions and trials, I deliver well-supported arguments detailing the existing and future harm stemming from slip and fall accidents.
The injury lawyer you choose to represent you in a slip and fall case could make the difference between a resolution that fairly compensates you for the harm you’ve endured and continued financial problems. As a legal advocate who has collected millions of dollars for Wisconsin residents, you can rely on me to assert your rights effectively.
Compensation might be available even if you are partially at fault
After you’ve been hurt in a fall, the property owner might try to shift the blame to you by alleging that you caused your own injury. Potential defenses could include that you were looking at your cell phone or that you tripped on an untied shoelace. Even if you believe you might be partly responsible for your accident, you still can collect compensation as long as you are not more at fault than the defendant. In these cases, the award is reduced by the percentage of responsibility given to the plaintiff. For example, if you suffer $100,000 in damages after a serious fall, but the jury holds that you bear 20 percent of the fault because you were not paying attention, the award would be $80,000.
Contact an experienced attorney to set up a free consultation about a slip and fall claim
Apex Accident Attorneys, LLC represents clients in Winnebago County and other Wisconsin locations who have been injured in slip and fall incidents on someone else’s premises. Please call 920-233-1010 or contact me online to discuss your case in a free consultation. My office is located in Oshkosh.