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Wayne County Slip and Fall Accident Attorney

Falls are the leading cause of preventable injury in Wayne County and across the United States. Each year, over 800,000 people are hospitalized due to fall-related injuries. According to one recent study, the total medical costs incurred by falls exceed $50 billion per year. If you or a loved one has suffered injuries in a fall, contact the dedicated Wayne County slip and fall accident lawyers at the law firm of Sommers Schwartz.

At Sommers Schwartz, our highly respected team of personal injury attorneys dedicates their practice to advocating on behalf of slip and fall accident victims. We have over 45 years of experience successfully negotiating and litigating Wayne County accident claims. We know what it takes to get you and your family the compensation you deserve. 

The Legal Duty of Property Owners

Businesses, government agencies, individual homeowners, and other property owners owe a duty of care to those they allow onto their land. What duty a property owner owes to an individual depends on whether that person is an “invitee,” “licensee,” or “trespasser.”

An invitee is someone present on another’s property for a commercial purpose. The most common example of an invitee is a customer of a business. Invitees are owed the highest duty of care. Property owners must maintain the property in a reasonably safe condition and warn their invitees of known dangers on the property. Additionally, property owners must regularly inspect the premises to discover possible hazards they may not be aware of and warn their invitees if they cannot eliminate the danger.

Licensees are the second classification of visitors. A licensee is someone present on another’s property for the mutual benefit of the visitor and the property owner. The most common example of a licensee is a social guest. The owner or operator of a property is liable for a licensee’s injuries when:

  1. They knew or should have known of the danger that caused the licensee’s injuries.
  2. They failed to exercise reasonable caution to protect the safety of the licensee.
  3. The licensee did not know of the danger that caused their injuries.

Trespassers, individuals on another’s property without permission, are owed the lowest duty of care. Essentially, a property owner only has a duty not to cause harm to a trespasser intentionally. (A property owner may not set a “booby trap,” for example.) However, landowners also must take reasonable precautions to ensure the safety of any artificial conditions they know could pose a risk to children (known as the “attractive nuisance” doctrine). An example of this duty is the responsibility to take appropriate measures to cover or prevent children from gaining access to an unattended swimming pool.

Common Causes of Wayne County Slip and Fall Accidents

Wayne County slip and fall accidents occur every day. These accidents often happen when you least expect them. Common causes of slip and fall accidents are:

●  Cracked pavement.

●  Broken stairs.

●  Missing handrails.

●  Poor lighting.

●  Bunched-up carpeting.

●  Loose flooring.

●  Spills.

●  Miscellaneous debris.

●  Unmarked holes.

●  Uneven pavement.

Regardless of the nature of the hazard that caused you to fall, the dedicated Wayne County slip and fall lawyers at Sommers Schwartz can help you understand the laws that apply to your claims. We will help you evaluate whether someone may be liable and effectively pursue a claim for compensation against a negligent property owner if appropriate. 

What Is the Open and Obvious Doctrine?

When you bring a slip and fall lawsuit against a property owner, you bear the initial burden of proving each essential element of your case. If you successfully do so, the burden shifts to the property owner to show why they should not be held liable for your injuries. One of the most common defenses in Wayne County slip and fall claims is the “open and obvious” doctrine.

The open and obvious doctrine provides that accident victims cannot recover monetary compensation from a landowner if the hazard causing their injury was easily observable and obviously dangerous. Essentially, the doctrine is based on the idea that guests should take reasonable precautions to watch out for hazards and protect their own safety.

If a landowner claims this defense, the finder of fact will evaluate whether an average user with ordinary intelligence would have been able to discover the danger and the risk presented upon casual inspection. If so, the accident victim cannot recover compensation for their injuries.

If you were injured on another person’s property, you should expect that the landowner will attempt to claim you were at least partly responsible for your injuries. An experienced Wayne County slip and fall lawyer can help you stand up to this defense and recover the compensation you deserve. 

Have You Been Injured in a Slip and Fall Accident?

If you have suffered injuries due to a slip and fall accident, contact the Wayne County slip and fall lawyers at Sommers Schwartz. At Sommers Schwartz, we have worked hard over decades to earn our reputation as a litigation powerhouse. We have recovered more than one billion dollars on behalf of our injured clients and look forward to discussing how we can help you with your case. To learn more and schedule a free consultation, call Sommers Schwartz today at 800-783-0989. You can also reach us through our online contact form; send us a message, and one of our Wayne County personal injury lawyers will promptly reach out to you.

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A Client Talks about Andy Dragovic

My wife had an accident, tripping over a cable line that wasn’t buried. Andy represented us and were very pleased with the outcome. Andy was very professional, personable, and quick to respond to us, answering any of our questions or concerns. The whole firm was responsive to our concerns, and…

Praise for Dina Zalewski

The lawyers at Sommers Schwartz, P.C. were nothing short of amazing when I came to them with my medical malpractice case! Dina truly helped to put my mind at ease and because of her and her firm, I finally have closure and can begin my healing process! I just want…

Gratitude for Rob Sickels

When our world was shattered by an unexpected medical diagnosis, we were referred to Rob Sickels of Sommers Schwartz. What a blessing to get this referral as Rob listened to us with caring and compassion, spent all the time necessary to help us, was always honest with us about our…

A Grateful Client Talks About Dina Zalewski

Dina never lied to us and was very straightforward. I feel like she took me under her wing. She got me through something that I thought was going to be incredibly difficult for me to relive. Dina felt like a friend, somebody I could trust and look to for guidance….

About Dina Zaleski, Rick Groffsky, and Andy Dragovic

Dina, Rick, and Andy were amazing lawyers. They helped me through an incredibly difficult time in my life after losing my son. I wanted answers on why, and they helped me through the whole process and they got me answers. After I lost my son, I was severely depressed. Every…

A Medical Malpractice Client Recommends Matt Turner

Matt Turner and his whole staff have acted very professionally, respectfully, and responsively to my every need. I highly recommend him to represent you in any legal matter you may have. Thank you again for all your help and guidance.

We are so thankful this firm was recommended to us!

Robert Sickels and his whole team went above and beyond while caring for us, They truly go the extra mile.

After our first meeting with attorney Matt Curtis, our feelings of frustration, defeat, and helplessness were diminished.

Matt’s knowledge of the law concerning medical malpractice and his compassion for my husband’s situation gave us the boost we needed to stand up and be heard! I am so grateful that my husband felt validated and energized throughout his time meeting with Mr. Curtis because, in February of 2021, he…

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