Slip & Fall Accident Lawyers
Many people think that the worst thing about slipping and falling in a public place is embarrassment. As slip & falls accident lawyers know, though, there’s a lot more at stake than your dignity. Each year, people suffer permanent injuries and even fatalities because of slippery surfaces.
What’s even worse is that many people don’t realize they may have a legal claim when they slip and fall, and this means that people don’t pursue the compensation that is rightfully theirs. Those who are injured often end up paying the medical bills and other high costs of an injury, simply because they don’t know they have the right to financial recovery.
Don’t make this costly mistake. If you’ve fallen and suffered an injury, consult with slip & falls accident lawyers to find out whether you have a claim. You can schedule a free consultation with the attorneys at Flaxman Law Group today to discuss your potential case.
What is a Slip and Fall Accident?
A slip and fall accident, sometimes called a slip and falls accident, occurs when someone slips and falls due to a hazardous condition on someone else’s property. A related accident is known as a trip and fall accident, where someone trips and falls due to dangerous conditions on a property.
These accidents can happen in various places, such as stores, sidewalks, parking lots, or even private homes.
When someone is injured in a slip and fall accident, they may be able to seek compensation in a premises liability claim if they can prove that the property owner was negligent in maintaining a safe environment. This often involves showing that the owner knew about the hazard or should have known and failed to fix the issue.
Common Causes of Slip and Fall Accidents
Slip and fall accidents don’t just happen. They’re often preventable and can happen for various reasons, including:
- Common causes of these incidents include:
- Wet floors caused by spills, cleaning products, or rainwater.
- Cracked sidewalks, potholes, or uneven flooring.
- Obstructed walkways.
- Poorly lit areas.
- Missing or unstable handrails on stairs.
As you can see, most of these issues are preventable. Even if it’s a rainy day, for example, and water is dragged into a restaurant, a property owner or manager can clean up spills. In fact, property owners are expected to take these reasonable precautions to keep visitors safe, and they can be held liable if they fail to do so.
Some areas have unique hazards, which require property owners to take added measures. Rental properties, for example, may have heavy traffic and tenants with different mobility issues. When a landlord fails to address leaks and other building issues, landlord-tenant disputes and serious injuries can be the result.
Construction zones are another area where slip and falls are an especial concern. Areas under construction often have uneven surfaces and debris. If these areas are not clearly marked or cordoned off, they can be hazardous for passersby. Supervisors, site managers, and property owners of construction sites are expected to take additional precautions to keep employees and visitors to the site safe.
Common Slip and Fall Accident Injuries
Slip and fall accidents can lead to surprisingly serious injuries, including permanent disability. The most common injuries sustained in these incidents include:
- Broken bones. Fractures of the wrist, ankle, or hip are especially common in slip and fall incidents. That’s because you can easily twist your foot when you fall and you will likely put your hands out to try to stop the fall. In many cases, you may land on your hip, which can cause fractures to that area. Broken bones can be painful and may require surgery or lengthy rehabilitation.
- Sprains and strains. When someone falls, they might twist or stretch their ligaments or muscles. These injuries can result in swelling, pain, and difficulty moving the affected area.
- Head injuries. Falls can cause concussions or other traumatic brain injuries, and these are among the most dangerous you can sustain in a slip and fall. Head injuries happen if you hit your head on the ground or on another object. When this happens, your brain effectively shakes around inside your skull. Your brain can swell, bruise, and even bleed, causing injury to the brain tissue. Brain injuries can result in headaches or even permanent memory and cognitive issues.
- Back injuries. If you wrench your back as you fall or fall flat on your back, you could suffer back strains, herniated discs, and other spinal injuries. These injuries can lead to chronic pain or even paralysis.
- Soft tissue injuries. If you fall on a hard surface or fall away, you could suffer tears in your ligaments, cartilage damage, and other soft tissue injuries.
- Abrasions. If you hit something on the way down or slide before coming to a full stop, you could suffer from scrapes, bruises, and cuts. You may even suffer scarring.
- Facial injuries. If you fall face-first you could suffer chipped or cracked teeth, a broken nose or jaw, and facial scarring. These issues could require expensive treatment or even surgery.
- Internal injuries. In a serious fall, such as falls down stairs or falls from a height, you could suffer internal bleeding or organ damage. These are life-threatening situations that need immediate medical attention.
Unfortunately, each year people die as a result of slip and falls. Usually, fatalities happen when someone hits their head or suffers internal injuries as a result of the impact. If you lose a loved one in this way, consult with slip & falls accident lawyers to find out if you qualify for a wrongful death claim. If you do, this can help you pay for final medical bills, funeral expenses, and the other costs you may be facing as you grieve.
Risks To the Elderly
Slip and fall accidents are especially dangerous for the elderly. Older adults tend to have weaker bones and more fragile bodies, making them more susceptible to severe injuries when they fall. A simple fall can result in broken bones, such as hips or wrists, which may require surgery and long recovery times.
Hip fractures are an especially big concern for seniors. This is a common injury for seniors who fall and it can take them months to recover. The healing process can be slower for elderly individuals due to age-related factors like decreased bone density and slower metabolism.
While recovering from a broken hip, seniors may face reduced mobility, which can reduce their ability to perform daily activities, such as bathing, cooking, or driving. This loss of independence can impact their quality of life and lead to feelings of isolation or depression.
Seniors who suffer a hip fracture also have a higher risk of passing away within a year of their injury, when compared with seniors who didn’t break a hip. This may be because seniors are more at risk of complications like blood clots, pneumonia, or infections, particularly if they undergo surgery or are immobilized for an extended period.
No matter what kind of injury a senior has, a slip and fall can mean seniors develop a fear of falling again, which can lead to decreased physical activity. This fear can create a cycle of reduced strength and balance, making future falls more likely. The trauma of a fall can even lead to anxiety, depression, or other mental conditions.
Since seniors are more at risk of slip and falls and since the impact of these falls can be devastating, those who care for seniors have an added responsibility to keep seniors safe. Nursing homes and retirement homes, for example, may be expected to install additional grab bars in bathrooms to prevent falls and to offer adequate supervision and no-slip floor surfaces to keep residents safe. When facilities fail to do so, they can be named as liable parties in nursing home abuse and neglect claims.
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How Do I Know Who Is Responsible for My Fall Injury?
It’s not always easy to know who contributed to your fall when you’re injured. In some cases, it can seem that a spill was simply “there,” but in fact people who own and care for a property are expected to keep their property safe. If you file a personal injury claim after a slip and fall incident, liable parties can include:
- Property owners. The primary responsibility for preventing slip and fall incidents usually falls on the property owner. They have a duty to maintain a safe environment for visitors. If they knew about a hazard and didn’t take action to fix it or warn others, they could be liable.
- Managers and employees. In stores, hotels, restaurants, and other commercial settings, managers and employees are expected to keep the property safe. If staff members create a hazard—such as failing to clean up spills promptly—or if they don’t follow safety protocols, they may share responsibility with the property owner.
- Tenants or lessees. If you slip and fall in a rental property, the tenant might be liable if they failed to address a known hazard that they were responsible for. For instance, if a tenant is responsible for maintaining common areas and neglects to do so, they could be held accountable.
- Maintenance workers. If a maintenance contractor was hired to fix or maintain the property and their work led to a hazardous condition, they may be held liable as well. For example, if a contractor left equipment in a walkway without warning signs, they could share responsibility.
- Manufacturers. If the slip and fall is caused by a defective product, such as a faulty mat rug doesn’t grip the floor properly or an excessively slippery floor tile, the manufacturer of that product may also be liable.
- Governments. If the accident occurs on public property, such as sidewalks or parks, a government entity might be responsible. You may also have a claim against the government if you slip and fall in a government building.
It’s not always obvious who the liable parties in your case are. For example, you may not know whether the manufacturer of a floor tile was warned about the dangers of their products and you may not know whether a contractor installed flooring incorrectly. Slip & falls accident lawyers work with investigators and other professionals to find all liable parties in your case, so you can get the answers and the compensation you deserve.
What If I Am Partially at Fault?
In some cases, liable parties are not the only ones who contributed to your slip and fall injuries. You may have made a mistake, too. For example, you may have ignored an obvious spill or may have been looking at your phone instead of looking where you were going.
Some states have a “comparative fault” rule. If your injury happened in one of these states, this means that you can seek compensation, even if you contributed to your injuries. In some states, you need to prove that other liable parties contributed at least 50% to the injuries, while in some regions it doesn’t matter how much at fault each party was.
In every comparative fault state, however, your compensation will be reduced by the amount you were responsible. If you were found 10% responsible for causing your injuries, for example, and you are awarded $100,000, you will get $90,000.
If your state is not a comparative fault state, you may not have a claim if your actions contributed to your fall and injuries. No matter what kind of state you live in, it’s important to consult with slip & falls accident lawyers in your community to find out if you have a claim.
Liability in Slip and Fall Accidents
Deciding who is responsible in your slip and fall case determines if you have a claim and can seek compensation. You don’t have to guess. Contact Flaxman Law Group for a free consultation with a slip and fall attorney who can explain your options. There’s no obligation and no cost with your initial consultation.
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