Slip & Fall Accident Attorney in Anoka, Minnesota

Many people have slipped and fallen at a business, when visiting a friend, or when entering or exiting a government building. If they can pick themselves up, they may just believe it was just an accident with no one to blame. If they are injured and begin incurring medical bills or have to take time off of work due to those injuries, they may wonder if, indeed, their mishap was the fault of someone else.  

If someone caused a car accident you were injured in, you will likely pursue compensation in a personal injury claim. After all, the person who caused the crash is legally responsible for the cost of your medical treatment, lost income, and other damages. Slip and fall accidents are no different. If what someone did or did not do causes injury to you, you deserve compensation.  

As a licensed attorney for more than four decades, I have represented many victims of slip and fall accidents. Some of them experience pain for a brief time, and others will endure it for a lifetime. If you think someone else’s negligence caused your injuries, in Anoka, Minnesota—or in the surrounding areas, such as Sherburne County or Anoka County—the Law Offices of Robert N. Edwards is here to help. I am licensed to practice law in both Minnesota and Arizona.  

What Should I Know About Premises Liability in Minnesota?

Premises liability encompasses a broad range of claims arising from injuries caused by unsafe conditions on someone’s property. The property may be privately owned or publicly owned. The unsafe conditions include dog bites, slip and falls, trip and falls, drownings, and other deaths caused by attractive nuisances. The common thread is that a hazardous condition caused or contributed to cause injury.  

Examples of premises liability include a child falling into an uncovered hole or being trapped in an appliance. A person slips on broken stairs and the railing gives way as they fall. A customer slips on an unmarked wet surface in a business, falls, and injures themselves. An uneven sidewalk catches a person’s toe and pitches them forward and onto the ground.   

Someone injured by someone else’s negligence can file a claim against the liability insurance coverage of the person who owns or is responsible for maintaining the property. The purpose of the claim is to recover compensation for the damages of the injured person. 

Filing a claim or lawsuit in Minnesota must be completed within six years from the date of the accident. You also have the opportunity to settle your claim with the insurance company within this time period. Failure to observe this statute of limitations means forfeiting your legal right to pursue compensation. 

Who Can Be Liable in a Minnesota Premises Liability Claim?

Who is liable—and, therefore, who you file the claim against or sue—depends on where you encountered the hazardous condition that resulted in your injuries.  

Property owners are often responsible because they are supposed to keep their premises safe for others. This could be the homeowner, owner of a rental property, or owner of an office building, for example.  

If the owner of a business if not the property owner, they still may be responsible for the safety of the premises. For example, the owner of a convenience or grocery store business bears responsibility for the safety of the store for their customers and employees. As such, they need to be vigilant about such potential hazards as spilled liquids; obstacles in aisles and walkways; and slick sidewalks and entryways caused by rain, snow, and other precipitation.  

Governmental entities also have a responsibility to keep their premises free of unsafe conditions. If you slip and fall accident occurred on such a property, you have only 180 days to submit a notice of claim to the governmental entity. There are also limits on the amount of compensation you can garner from governmental entities. Consult with a knowledgeable slip and fall attorney right away if you were injured on government property.  

If the hazard was caused by a design or manufacturing defect, the company that designed or manufactured the item could be liable for your damages. Note, however, that the statute of limitations for claims arising from defective and hazardous products is only two years in Minnesota, so talk to a personal injury attorney right away.  

Finally, you may share liability for the incident that caused your injuries. A failure to obey warning signs, observe obvious hazards, and be distracted may place all or some of the fault on you.  

How Do I Prove Fault?

You will have the burden of proving fault in a Minnesota premises liability claim, beginning with proving that the negligent party owed a duty of care to you to maintain safe premises. If you were trespassing, for example, you may not be able to prove this.  

Then, you need to prove that the owner caused the condition that led to your slip and fall, or that the owner should have reasonably known the hazard might exist and failed to fix or warn of the unsafe condition. If the property owner’s duty of care was breached, they are financially liable for your damages.  

What if I Might Have Been Partially to Blame?

Even if you have to shoulder some of the fault for the accident that led to your injuries, you may be able to recover compensation under Minnesota’s modified comparative negligence rule. So long as a jury finds you no more than 50% at fault, you can be awarded compensation, although it will be reduced by your share of fault.  

For example, you were wearing flip-flops when you quickly descended stairs from a house and slipped on a broken stair tread. Although the owner had a responsibility to replace, repair, or warn of the broken tread, the jury may find you minimally liable for wearing inappropriate footwear for the speed at which you went down the stairs. If the jury assigned you 10% of the fault and awarded you $20,000 in damages, you would forfeit $2,000 for your share of the fault and receive $18,000 in settlement.