Life is unpredictable. You can take all the precautions in the world, but sometimes accidents just happen. Although, when examined closely, there are some instances where injuries could have been completely preventable had another party just taken better care. If you have been injured in a slip and fall accident, Newberry FL Slip and Fall Lawyer might be able to help you get the compensation you deserve.
A good way to think of a slip and fall accident is like this: if someone else invited you into their home, and you were injured because they failed to take reasonable care of the property, then they might be held liable. The same goes for public spaces like sidewalks, parking lots, and even grocery stores.
Keep in mind that proving a slip and fall claim can be difficult. It is important to collect as much evidence as possible at the scene of the accident. This evidence can include pictures of the hazardous condition, witness statements, and anything else that might help show that the property owner was negligent.
Here are the four things you need to prove in order to win your claim.
- The at-fault party had a duty of care to you.
This means that the store owner, for example, had a responsibility to make sure their premises were reasonably safe for customers. This duty of care can also apply to public property owners like the city or county. If you’re injured on public property, you’ll need to show that the municipality didn’t take proper care in maintaining the area where you were hurt.
- The at-fault party breached their duty of care.
Once it’s been established that the at-fault party had a duty of care to you, it must then be proven that they failed to uphold this duty. This is usually where things like witness testimony and surveillance footage come into play. If there are no witnesses or video footage, your lawyer will need to build a strong case to show that the at-fault party is responsible for the condition that caused your fall.
- You were injured as a direct result of the at-fault party’s breach.
It’s not enough to simply prove that you fell and hurt yourself. You also need to show that the fall would not have happened if the at-fault party had upheld their duty of care. For example, if you slipped on a wet floor, your lawyer will need to show that the store owner knew or should have known about the hazard and failed to take proper steps to remedy it.
- You suffered damages as a result of your injuries.
This is where you’ll need to present evidence of your medical bills, lost wages, and any other damages you incurred as a result of the accident. Your lawyer will help you calculate the full extent of your damages so that you can get the maximum compensation possible.
If you’ve been injured in a slip and fall accident, don’t hesitate to reach out to an experienced personal injury lawyer who can help you get the compensation you deserve.
Now that we know what to expect in a slip and fall claim, let’s take a look at some of the common injuries that can occur.
The most common injuries in slip and fall accidents are:
The following are the most common injuries that result from slip and fall accidents:
– Head injuries, including concussions and traumatic brain injuries
The most serious kind of slip and fall accident is one where the victim hits their head. This can result in a concussion or, in more severe cases, a traumatic brain injury. These injuries can have long-lasting effects, including problems with memory, balance, and coordination. If severe enough, a brain injury can even lead to coma or death.
– Neck and back injuries
Slip and fall accidents often result in neck and back injuries, ranging from whiplash to herniated discs. These injuries can be extremely painful and may require surgery to correct. This is because falling puts a lot of pressure on the spine, which can cause the discs between the vertebrae to rupture. The backwards motion of the fall can also cause the ligaments and muscles in the back to tear.
– Broken bones
Broken bones are also common in slip and fall accidents, particularly in the wrists, ankles, and hips. This is because people often instinctively put their hands out to brace themselves when they fall. These injuries can take weeks or even months to heal properly. This can make it difficult to return to work or your normal activities.
– Sprains and strains
Sprains and strains are common in slip and fall accidents, particularly in the knees, ankles, and wrists. These injuries occur when the ligaments or muscles are stretched beyond their capacity. This can cause pain, swelling, and bruising. In some cases, it may even require surgery to correct.
– Knee injuries
Knee injuries, such as ACL tears, are also common in slip and fall accidents. This is because the knee is often the first point of contact when you fall forwards. In an attempt to brace yourself, you may end up putting all of your weight on your knee, which can cause it to buckle. This can lead to ligament tears, cartilage damage, and even a dislocated kneecap. Many complain even after surgery, of never regaining full range of motion.
– Shoulder injuries
Despite being relatively small, the shoulder is actually made up of a number of different bones, muscles, and ligaments. This makes it susceptible to injury in a fall. The most common shoulder injuries in slip and fall accidents are rotator cuff tears and dislocated shoulders. These injuries can be extremely painful and may require surgery to correct.
If you or a loved one has been injured in a slip and fall accident, it’s important to seek medical attention as soon as possible. Some injuries, like concussions, might not show symptoms right away. A delay in treatment could make your condition worse and impact your ability to recover compensation.
Once you’ve seen a doctor, the next step is to contact an experienced personal injury lawyer who can assist you in filing a claim. The lawyer will investigate the accident, gather evidence, and negotiate with the insurance company on your behalf. They will also work to ensure that you are fairly compensated for your injuries, including medical expenses, lost wages, and pain and suffering.
Causes of Slip and Fall Accidents
The following are some causes of slip and fall accidents that might give rise to a claim:
– Wet or icy conditions
If you slip and fall on public property, the government entity responsible for maintaining the property might be liable if they knew about the dangerous condition and did not take steps to fix it. For example, if a city sidewalk is covered in ice and someone falls, the city might be held responsible.
– Uneven or broken surfaces
Uneven or broken surfaces are another common cause of slip and fall accidents. This can include anything from a cracked sidewalk to a loose carpet tile. If the dangerous condition was caused by the negligence of the property owner or manager, they might be held liable for any injuries that result.
– Cluttered or obstructed walkways
Walkways must be clear of obstacles in order to be safe. If a property owner or manager fails to remove items from a walkway and someone is injured as a result, they might be held liable. For example, if a store employee spills something on the floor and doesn’t clean it up, and a customer slips and falls, the store might be held responsible.
– Inadequate handrails
It’s the responsibility of property owners and managers to ensure that handrails are present and in good repair. If a railing is missing or broken, and someone is injured as a result, the property owner might be held liable. Stairs and ramps are common areas where handrails are required. When damaged or missing handrails, it can create a dangerous condition that might cause serious injuries.
– Poor lighting
Poor lighting can also lead to slip and fall accidents. This is because it can make it difficult to see potential hazards. If a slip and fall accident occurs in an area that is poorly lit, the property owner might be held responsible if they knew about the condition and did not take steps to fix it. For example, if there is a power outage or certain area has a broken fixture and the property owner does not provide adequate lighting, they might be held liable if someone is injured in a fall.
– Defective products
In some cases, a slip and fall might be caused by a defective product. For example, if you slip on a wet floor because of a leaking dishwasher, the manufacturer of the dishwasher might be held liable.
In summary, slip and fall accidents can be caused by a variety of factors. If you or a loved one has been injured in a slip and fall, it’s important to seek medical attention as soon as possible and to contact an experienced personal injury lawyer. They will investigate the accident, gather evidence, negotiate and even go to trial if necessary to get you the compensation you deserve.