Determining liability for a slip and fall accident is the most challenging part of the case. A person who was injured on someone else’s property must show that the landlord, property owner or business operator knew there was a problem or the potential for a problem and failed to place the necessary warning signage or failed to make the necessary repairs.
What type of situations may cause a slip and fall accident?
There are many, including but not limited to:
- Supermarket spills
- Damaged sidewalks and pavements
- Construction zone debris
- Loose or defective handrails
- Wet floors in bars, restaurants and other public buildings
- Foreign or transient obstructions/impediments
- Non-conforming stairs or damaged steps
- Inadequate lighting
- Carpet runner trip hazards
- Improperly placed and secured carpeting and rugs
Slip And Fall Injuries Are Often Life Changing
According to OSHA, slip, trip, and fall incidents account for almost 15% of all serious injuries and accidental/wrongful deaths in the USA, with over 540,000 slip & fall injuries requiring medical attention each year. Slip and fall accidents are the most common cause of workplace injuries and are often more severe than you would first imagine. Falling unexpectedly gives you insufficient time to react and brace for the impact, which places your body at more risk for injury. Some slip and falls also happen in such an awkward fashion that the body twists and lands in an unnatural position leading to serious harm. Although an employee would generally pursue compensation against an employer via workers’ compensation, there are instances where a claim can be made directly against the property owner for slip and fall injuries sustained while at work.
The Center for Disease Control (CDC) has reported that slip and fall injuries are the most prominent in people ages 5 to 15 and 55 and older. The CDC further stated that these events often led to fractures of the hips, ankles, and wrists, and caused head injuries and often whiplash.
Should you suffer a slip and fall injury you may have a right to recover damages as a result of your accident. To pursue a case and give you the best chance for a favorable outcome we recommend that you contact a personal injury attorney with experience in handling slip and fall cases, since most property owners will routinely place blame on the injury victim and expect you to provide all evidence to the contrary.
In practice, most common slip and fall accidents are foreseeable and preventable and could be avoided by simple action from the property owner. Placing warning signs or obstruction tapes, making simple inexpensive repairs, drying floors promptly or dealing with simple obstructions and trip hazards would drastically reduce the number of slip and fall accidents.
Property owners whose property can be accessed by the public or employees must exercise the highest duty of care to maintain their premises in a safe condition, ensuring that any customers, workers and the general public are safe from property hazards.
How Can A Personal Injury Lawyer Help?
Your attorney can use their knowledge and experience to build a case showing that the premises where you were injured was unsafe and that the owner or management is responsible for your accident through an act of negligence. Through accident reconstruction, witness interviews and photographs from the scene, your attorney can show how the accident was the responsibility of the property owner, and not you.
Your attorney will then seek compensation for your damages, generally from the property owners’ insurance company. This may include:
• Cost of current and future medical care for your injuries
• Current and future lost earnings and benefits
• Pain and Suffering
• Additional financial losses that were the result of the accident
Your attorney may also seek additional damages based on the information of your case. Every case and injury are different and different compensation opportunities may apply.