Slip and fall injuries occur when someone loses balance or footing because of something on the ground. It could be a puddle, slippery surface, debris, holes, uneven surfaces, or anything unseen or unexpected. It could also happen due to a defective product, such as scaffolding or ladders.
Although slips and falls are common, you should not take them lightly. According to the World Health Organization, falls rank second among the leading causes of unintentional injury deaths globally. Every year, around 684,000 people die from this accident worldwide. Unfortunately, adults beyond 60 years old are more prone to suffer from fatal falls.
In a separate report, the Centers for Disease Control and Prevention (CDC) shared the following notable statistics about slips and falls:
- One in every four older people suffers from a fall yearly, but only half reports this to their doctors.
- Falls are considered one of the leading causes of traumatic brain injuries (TBI).
- Falling once can increase the likelihood of falling again.
All these suggest that it’s best to come up with prevention strategies. These strategies should focus on the following:
- Building safer environments
- Training and educating people on the risks
- Investing in fall-related research
- Establishing risk reduction policies
You may be entitled to a fall claim and compensation if you’re hurt in a slip and fall accident. Contact a slip-and-fall lawyer to figure out what to do after a painful fall. If you need help finding a tort or personal injury lawyer, The Personal Injury Center’s database is a great place to start. They also have a repository of legal sources you can review.
Featured On Dolman Law Group
The Medical Malpractice Center shared insights on the issues surrounding medical malpractice claims.
“Often, the lack of success in filing a medical malpractice claim is due to the injured parties being unaware of the complexity of medical malpractice laws, filing past deadlines, failing to account for the limitations in damages, and discounting many of the administrative and procedural rules that are required for a successful medical malpractice claim.”
Read more about it here.
Case Laws Justifying the Need for a Slip-And-Fall Lawyer
A slip-and-fall lawyer can help you determine whether or not your personal injury claim is worth pursuing. They will also help you assess the amount of money that should be awarded to cover your medical bills, lost wages, pain, suffering, and more.
These legal professionals and their teams observe a high ethical standard while maintaining the attorney-client relationship. If you or a loved one suffered slip and fall injuries, get in touch with one.
Suppose you already received an offer from the other party’s insurance company but are still determining if it is fair. In that case, a lawyer can help negotiate on your behalf. This is to make the settlement amount acceptable for both parties.
Holly Averyt vs. Wal-Mart: Secure maximum compensation
A slip-and-lawyer’s expertise can make or break your case. In the 2007 case of Holly Averyt vs. Wal-Mart, the jury awarded the plaintiff $15 million in damages. This is one of the largest awards ever given to any victim in slip and fall cases in the US.
In that case, the lawyer helped establish hard evidence that Walmart was aware of the grease spill in their Greeley, Colorado, store. Despite this knowledge, Wal-Mart failed to act. This negligence led to the accident where the plaintiff, Holly Averyt, injured her shoulder and neck and caused the disc in her spine to rupture. Without the Greeley memorandum specifying the spillage and need for cleanup, the case would likely take a different turn.
Consider the following cases if you’re still on the fence about hiring a slip-and-fall lawyer.
Maria Mangano vs. Mercy Vocational High School: Establish negligence
A slip-and-fall lawyer can help you determine if the accident was your fault or the fault of another party. The lawyer will investigate the incident to determine whether any laws have been broken. They can help you obtain compensation for your injuries.
In the case of Maria Mangano vs. Mercy Vocational High School, the claimant was a director of career services. She entered an area undergoing renovation at the request of a Wargo Floors worker. She fell when she stepped on slippery flooring glue.
Her lawyer secured a settlement for $5 million by establishing that the contractor and Mercy Vocational High School created a dangerous condition. Her lawyer also confirmed that Mangano intended to work with the school until she retired but suffered nerve damage that incapacitated her.
Without establishing the school and contractor’s negligence in this case, Mangano might not have received compensation.
Bettie Daniels vs. Sears Roebuck: Establish actual damage or loss
Suppose the property owner is found responsible for your injuries. In that case, they may need to pay for your medical bills and lost wages, among other things. A slip-and-fall lawyer can help you determine whether you have a case against the property owner where you were injured.
However, proving actual damage or loss is more challenging than you think. The case of Bettie Daniels vs. Sears Roebuck is a classic example of the necessity of proving the following to claim damages:
- The existence of an obligation or duty duly recognized by law;
- Breach of the said duty
- A causal link between the said breach and resulting injuries; and
- Actual damage or loss.
Bettie Daniels was a 75-year-old woman who slipped and fell in a Sears Roebuck dressing room and injured her hip, shoulder, and arm. Daniels alleged that the shopping center’s “gleaming” floor caused the fall. The claimant did not present other evidence other than this statement.
The court denied Daniel’s claim for damages because she failed to prove that the floor’s condition caused her injuries. Your slip-and-fall injury lawyer can prevent this by satisfying the requisites in this case law and other governing statutes.
Things To Do Following a Slip and Fall Accident
If you were in a slip-and-fall accident, report it immediately. You want to document the incident in case of any dispute later.
You should also seek medical treatment if you have sustained injuries as soon as possible. A doctor needs to examine you even if your injuries don’t appear serious. You want any long-term complications identified early on. You can use medical records to prove the at-fault party’s liability.
Read on if you’re planning to file a personal injury case but need help moving forward. The following sections can help you navigate the process of dealing with slips and falls after it happens.
Get treated right away
Slip and fall accidents are common, but they can be severe. When you fall, your body is subject to forces that can injure your bones, muscles, ligaments, and tendons.
It’s essential to get medical treatment right away. If you wait longer, your injuries will likely worsen and need more advanced treatment.
Some injuries may show up later or may take weeks or months to show up. Other injuries, like a broken bone or dislocated joint, may be apparent immediately. Either way, your doctor may prescribe pain medications and anti-inflammatory drugs to help reduce swelling around the site of injury.
The doctor may also suggest physical therapy if it helps with healing after an injury occurs.
Report the accident
You may receive compensation if you’re injured in an accident on someone else’s property. If the property owner’s negligence caused your fall, you could file a lawsuit against the responsible party.
The sooner you file a claim after the incident, the better your chances of compensation for your injuries. You should also contact an attorney who specializes in premises liability cases. They will help you understand your rights and options for seeking compensation.
Secure evidence of the accident and injury
In the event of a slip-and-fall accident, you’ll want to ensure that you have evidence on hand to support your claim. You can achieve this by doing the following:
- Take photos of the scene before you leave it (if possible).
- Keep any receipts for items damaged in the fall.
- Take notes about what happened immediately after the incident occurred.
Get a copy of the police report
The police report will let you know who was at fault for the accident and what damages you can expect from your insurance company. The police report should also give some details about how the accident happened.
Keep a case file
It’s essential to keep your files organized and backed up. This will help you quickly find all the relevant information regarding your claim should you need to refer back to them.
You can get reimbursement for medical bills, pain, suffering, property damage, lost wages, or other expenses related to this incident. Keeping all evidence in a single file will make your claim for compensation smooth sailing.
Secure the clothes you wore on the day of the accident
This can be important in proving that you were injured and determining the extent of your injuries. If possible, put these clothes into a plastic bag or container and seal them tightly. Keep them out of reach of pets and children until you can deliver them to your attorney or insurance company.
If you can’t save the clothes, take photos of them as evidence of their condition before and after the accident.
Don’t blame anyone or accept the blame
You were the victim of someone else’s negligence, and you must remember that. However, don’t blame just anyone.
Find out if the person who hurt you has insurance. If they do, call their insurance company and tell them what happened. The insurance company will send someone to assess the situation and help you get medical attention.
If they don’t have insurance, call 911 and tell them what happened. They can send an ambulance to transport you to the hospital if necessary.
Be sure to get copies of any documents related to your case so you can have them when speaking with an attorney later.
Get a lawyer
A slip-and-fall accident can be very complicated, and you must consider many details when filing an injury claim.
You’ll want to talk to a slip-and-fall attorney or law firm familiar with the laws surrounding these types of accidents. They can guide you through filing a claim and help protect your rights. Fall victims and people injured in unsafe conditions have an ally in accident attorneys.
Common Causes of Slip and Fall Accidents
Slip and fall accidents are common causes of injuries in the workplace. It may occur when a person loses their balance and falls, usually because they are on an unsafe or slippery surface.
Slips and falls can happen for a variety of reasons. For example, poor lighting can make it difficult to see where you’re going. This can be especially problematic if you walk on an uneven surface or a slippery floor. Common causes of these injuries occur in many environments. Common causes of these injuries occur in many environments.
Due to their texture, dry mud or dirt can make floors more slippery. Knowing these causes can help you safeguard your employees or yourself against them.
Here are other causes of slip and fall injuries.
Uneven or slick walking surfaces
Slick surfaces such as wet sidewalks, puddles, floors, and oil spills can be hazardous. Slippery or uneven floors can cause you to lose your footing and fall, putting you at risk for serious injury.
You might also trip on a crack in the pavement or a snow-covered step. Uneven surfaces can include the following:
- Cracks in sidewalks
- Uneven pavement
- Steps with gaps between stair treads
- Loose stones or gravel on pathways and walkways
- Algae-covered pools or ponds.
These surfaces could be dangerous for you and others around you. Accidents in these environments often result in severe injuries, including broken bones, back injuries, head injuries, and spinal cord damage.
Clutter is any accumulation of items in an area that can jeopardize a person’s safety. This includes items strewn about, stacked too high, or placed so they may roll underfoot or fall on a person.
Clutter can also cause problems with vision if there’s too much stuff in your line of sight. When you’re walking through a room and don’t know where you’re going, it’s easy to trip over things in your path. If something is on the floor, it can also cause you to slip and fall.
A loose wire can be anywhere, from a power line to an extension cord. You can see these loose wires in various places, including doorways, hallways, and staircases. If you see one, you must report it to your building manager.
Loose wires can become exposed during a remodeling project or when there’s damage to the building’s wiring system. You can loosen them in a variety of ways, including the following:
- Wires may have become frayed or torn through use
- Wires may have come loose from their fasteners or anchors
- Someone may have cut the cables
It’s important to inspect any loose wires you come across, especially if they’re hanging low or near the ground.
Weather-related hazards are a common cause of slip-and-fall accidents. These include the following:
- Frost: This can make the ground slippery.
- Rain: This can make the ground wet and cause people to slip.
- Snow: This can also make the floor slippery.
Rain, snow, and ice can cause surfaces to become slippery due to moisture or temperature changes. Wind can also blow debris onto walkways, making them hazardous for pedestrians.
Lack of proper training
Many companies focus on preventing workplace injuries but only sometimes provide employees with the tools to do their jobs safely. This can lead to injuries that could have been avoided.
A lack of proper training can also lead to employees disregarding safety measures like wearing appropriate footwear or using walkways properly.
Employees who use equipment to perform tasks properly must be aware of potential hazards or how to avoid them. If supervisors provide adequate guidance and training, employees will follow safety procedures. It can help them make safe decisions that decrease the risk of injury.
Employees may also make mistakes as a result of their lack of knowledge. For example, suppose you work in a warehouse and have to lift heavy boxes. In that case, you should know how much weight you can lift safely. If you don’t have the proper training, you may lift items that are too heavy for you and injure yourself.
Employee safety training must be ongoing and comprehensive to be effective. Employers should ensure workers have proper training on recognizing and avoiding potential hazards. This could include simple techniques like looking where they’re going and being aware of their surroundings.
This is a common cause of slips and fall accidents because it makes it hard for people to see what’s around them. This can be due to a couple of things, including the following:
- Foggy windows or mirrors
- Poorly lit areas
- Unclear markings on the floor
When a blind corner or a door is not marked correctly, it can be difficult for people to know where to walk. People may also need help seeing where they are going if there is a lot of clutter in the area or items left on the floor.
A ladder not rated for a specific environment or weight can lead to severe injuries. The manufacturer must state these specifications. Other reasons for a slip and fall with a ladder include the following:
- Unsecured rungs
- Unstable base for the height
- Damaged or defective construction or material
Ladders can cause injuries like broken bones, sprains and strains, back injuries, and even head injuries. If you use a ladder, make sure it is sturdy and stable before climbing on it.
Check for cracks or holes in the wood or metal parts of the ladder. Make sure that the steps on your ladder are secure as well.
How can a slip-and-fall lawyer help you?
A qualified attorney can help protect your rights and ensure the responsible party is held accountable for their actions.
Slip and fall cases can be complicated. If you are unsure how to proceed after suffering a slip and fall injury, speak with an experienced attorney as soon as possible. The sooner you seek legal advice, the quicker you can recover damages for losses due to the accident.
Here are more specific ways a slip-and-fall lawyer can help you.
Shield you from lowball settlement offers
There’s a good chance that the other party will try to make an initial offer much lower than what you should get. The insurance company does not have your best interests in mind. They will try to minimize their payouts for your injuries.
A good slip-and-fall lawyer can help you get around this by negotiating on your behalf.
Gather evidence and witnesses to prove liability
A slip-and-fall lawyer can also help you understand your rights under the law. You can recover compensation for damages related to your accident, including medical bills, lost wages, pain and suffering, and more.
Call a slip-and-fall lawyer today if you’ve suffered injuries due to someone else’s negligence or recklessness. Your lawyer will help you gather the following:
- Witnesses who saw what happened
- Police reports of the incident
- Pictures of the scene of the accident (if possible)
Compute the proper compensation for injuries
A slip-and-fall lawyer can help you get the compensation you deserve under the applicable laws. They know how to calculate the proper compensation for your injuries. This can include time off work, hospital bills, surgery costs, pain and suffering damages, and more.
Negotiate a fair settlement or represent you in court
A slip-and-fall lawyer can help you in a variety of ways. First, they can negotiate your settlement by speaking to the insurance company or going to court and arguing on your behalf. Second, they can represent you in court if necessary.
Suppose you’ve been injured and seek compensation for your losses, such as medical bills, lost wages, and pain and suffering. In that case, a slip-and-fall lawyer can help you get that compensation. They’ll work to negotiate a settlement with the liable party to avoid having to go to court.
If negotiations fail, however, they will represent you in court. Your lawyer will present evidence and arguments to get compensation for damages from slip-and-fall accidents that occurred on someone else’s property.
Get Help From The Personal Injury Center
If you or someone dear to you sustained injuries in a slip-and-fall accident, you don’t have to deal with the stress of navigating the legal system alone. The Personal Injury Center can get you the compensation you deserve.
We have the legal resources to help you navigate the legal system. On top of that, we have a vast network of tort lawyers who can help you fight for compensation.
Reach out to us now and get a free case evaluation.
FAQs on Slip and Fall Lawyers
The damages you can secure depend on the severity of the injury. If you have a minor injury, compensation may be less than $1,000. Compensation could be much more if you're in intensive care for a few days or results in permanent disability.
While there's no average or standard compensation amount for slip-and-fall accidents, there are various ways to come up with a fair estimate. The most common method is called the "multiplier." This method is often used for car accidents but can also apply to slip-and-fall cases. This follows this formula: economic damages + (economic damages * multiplier).
The said multiplier is any number between one to five. This number represents how severely your injury affected your life. Minor injuries are often given a score of one, while severe injuries get a five.
Some states would reduce your compensation if you were partially responsible for your injuries. If the injury resulted in wrongful death, the surviving heirs can claim a higher settlement.
The statute of limitations for slip-and-fall cases varies from state to state. Still, it is generally between two and six years
Winning a slip-and-fall case is not easy, but it's often possible. These cases are typically challenging to win because they must show that the other party was at fault. It also requires a plaintiff to prove that the negligence of another party resulted in injuries.