Don’t Let That Spring In Your Step Result in A Slip & Fall Injury!
As the weather warms and people become more active, it is a good time to cover slip and fall injuries. Slip and fall injuries represent a significant portion of personal injury cases across the nation. Slip and fall injuries happen suddenly and can impact a person’s health and well-being temporarily or permanently.
According to the Center for Disease Control, more than one in four Americans over age 65 will suffer a fall. There after, falling once doubles the risk of falling again. In addition, less than half of those who do fall notify their doctor.
Common slip and fall injuries for older people include head injuries and hip fractures. 95% of all hip fractures are caused by falling. In 2015 (the latest year for which data is available), costs for falls alone to Medicare totaled over $31 billion.
While slip and fall injuries are more common in older people, anyone can suffer a slip and fall injury. Regardless of age, the consequences can be serious.
If you suffer a slip and fall injury that you believe is the result of negligence by others, you need a qualified personal injury lawyer. A lawyer can help ensure that you receive the compensation due to you as a result of the injury.
When determining liability for your personal injury, one or more of the following conditions should be relevant to your case:
- The property owner, or employee, must have caused the conditions which resulted in your fall (e.g. a torn piece of carpeting or a slippery floor surface). You also must prove that the owner of the property, or an employee of the property, caused the specific conditions that resulted in your accident;
- Property owner or employee knew about the unsafe conditions yet did nothing to remedy it;
- The property owner or employee should have known about the unsafe condition, and should have corrected it prior to your accident.
Negligence and proof of negligence must be secured to prove that your slip and fall injury has merit. It is also vital to distinguish between negligence on the part of property owner and one’s own carelessness.
Key questions to ask yourself prior to filing a claim include:
- Was there a valid reason for you to be in the unsafe area where the accident occurred?
- Would a reasonable / careful person have avoided slipping and falling and/or taken steps to mitigate the hazard?
- Did the property owner have warning signs and/or barriers indicating possible unsafe conditions?
- Were you occupied or distracted in some way that could have led to the accident?
Call my office if it is determined that you have a case against a property owner for your slip and fall injury. Statute of limitations and other complexities in proving negligence require the services of a qualified personal injury lawyer.
My office can help you file a claim for compensation for losses suffered as a result of your slip and fall injury. Generally speaking, there are two types of personal injury damages we can seek:
- Compensatory / Actual Damages: intended to cover all of the expenses caused by the accident such as lost wages, medical expenses, pain & suffering, property damages, etc.
- Punitive Damages: usually awarded to a victim in addition to actual damages when the defendant’s actions have been malicious or intentional.
Slip and fall prevention is important, especially for older adults. Generally speaking, slip and fall injuries are caused by three factors. These include biological risk factors such as poor health, behavioral risk factors such as inactivity, and environmental risk factors such as a cluttered room. Assessing your environment with those three factors in mind can help prevent some accidents.
I look forward to discussing your case. Should you find yourself in the unfortunate situation where a slip and fall injury has caused you damages for which you believe you are eligible, contact my office.
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