A fall can happen in a second: a wet floor at a store, an icy entrance, a broken stair or a loose handrail. The result can be a broken bone or a head injury.
In Minnesota, being partly at fault for a fall does not automatically end your claim, as long as your fault is not greater than the other side’s. Our Minneapolis-area personal injury office handles slip and fall cases on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Minnesota Rules That Shape a Fall Claim
Comparative fault
Under Minnesota’s comparative fault rule, you can recover if your share of fault is not greater than the share of the person you are making a claim against, and your award is reduced by your percentage of fault (Minn. Stat. § 604.01, subd. 1).
Minnesota defines fault broadly, and it includes an unreasonable failure to avoid an injury or to limit your damages (Minn. Stat. § 604.01, subd. 1a). That is one reason to get medical care promptly and follow your treatment plan.
Filing deadlines
For most injury claims based on negligence, Minnesota allows 6 years to file a lawsuit (Minn. Stat. § 541.05, subd. 1(5)). That does not mean you should wait, because the deadline depends on the type of claim and some are much shorter, especially when public property is involved.
Falls on Public Property
Falls on city sidewalks, in public buildings or at parks follow special rules. For a claim against a city, county or other municipality, Minnesota generally requires notice within 180 days after the injury is discovered, stating the time, place and circumstances (Minn. Stat. § 466.05). Time when the injured person is incapacitated by the injury and unable to give notice does not count toward that period (Minn. Stat. § 466.05).
Claims against the State of Minnesota require notice to the Attorney General within 180 days (Minn. Stat. § 3.736, subd. 5). For claims arising on or after July 1, 2009, damages against cities, counties and the state are capped at $500,000 per claimant and $1,500,000 for all claims from a single occurrence (Minn. Stat. § 466.04; Minn. Stat. § 3.736, subd. 4). Punitive damages are not available against them (Minn. Stat. § 466.04; Minn. Stat. § 3.736, subd. 3).
The State of Minnesota is not liable for a loss caused by snow or ice on a highway or public sidewalk that does not abut a publicly owned building or publicly owned parking lot, unless the condition was affirmatively caused by the negligent acts of a state employee (Minn. Stat. § 3.736, subd. 3(d)). Cities, counties and other municipalities have a similar exclusion for snow or ice on a highway or public sidewalk that does not abut a publicly owned building or publicly owned parking lot (Minn. Stat. § 466.03, subd. 4), so the exact location of an icy fall matters.
What We Look at in a Fall Case
Every fall is different, and the facts drive the claim. We work to answer questions like these:
- What the hazard was and how long it had been there
- Whether anyone had complained about it or reported it
- Whether warning signs, mats or cones were in place
- Lighting, handrails and the condition of stairs and floors
- Inspection, cleaning and snow removal records
- Who owned, managed or maintained the area
Ask in writing, as early as you can, for any store or building video to be saved.
How Slip and Fall Accidents Happen
Wet and slippery floors
Wet floors can be very slippery, and the National Institute on Aging notes that slipping on a wet floor can change your life.
Ice and snow
Icy surfaces can be very slippery, and the National Institute on Aging recommends clearing icy areas by doors and walkways with an ice melt product or sand.
Fall Injuries and Compensation
Falls can cause broken bones, such as wrist, arm, ankle and hip fractures, and head injuries, according to the CDC. For older adults, a broken bone can lead to a hospital or nursing home stay or long-term disability, according to the National Institute on Aging. If you hit your head, our Minneapolis brain injury page explains what to watch for.
The losses we document in a fall claim often include:
- Emergency care, surgery and follow-up treatment
- Physical therapy and rehabilitation
- Lost income while you recover
- Help at home and changes you need to make there
- Pain and limits on daily life
What to Do After a Fall in Minneapolis
- Get medical care right away, even if the pain seems minor
- Report the fall to the store, landlord or property manager
- Ask for a copy of any incident report
- Photograph the hazard, the area and your shoes before anything changes
- Collect names and phone numbers from witnesses
- Ask in writing that any video be saved
- Keep the shoes and clothes you were wearing
- Save every medical bill, receipt and pay stub
- Hold off on recorded statements to the owner’s insurer until you get advice
How 844-SEE-MIKE Helps After a Minneapolis Slip and Fall
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
What if I fell at work?
Workers’ compensation is generally your only remedy against your employer, and it pays benefits without regard to fault (Minn. Stat. § 176.031; Minn. Stat. § 176.021, subd. 1). If someone other than your employer, such as a property owner or contractor, is legally liable, you may also have a separate claim against that party (Minn. Stat. § 176.061, subd. 5). See our Minneapolis workers’ compensation page.
What if more than one company was responsible for the area?
When several parties share blame, such as a property owner and a snow removal contractor, each generally pays its own share, but a party more than 50 percent at fault can be made to pay the whole award (Minn. Stat. § 604.02, subd. 1). We work to identify everyone who owned, managed or maintained the area.
What if I did not see a doctor right away?
Get care now. Tell your doctor about the fall and follow the treatment plan.
Should I give a recorded statement to the property owner’s insurer?
Not before you get advice. Talk with us first.
What does a slip and fall lawyer cost?
The consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
