Slip and Fall Injuries
When you fall, your body may take some of the impacts. Minor bumps and bruises can be common from falls, but the impact on the head can result in bleeding, swelling, and unconsciousness. Broken bones are even more common and can cause long-term complications, like months of follow-up appointments and physical therapy. Read on for more information about the various types of injuries that can result from a slip and fall. Once you know what to expect from your slip and fall case, you can focus on determining the best course of action to take.
Common causes of slip and fall accidents
Slip and fall accidents are common in many settings. Uneven floors, spilled liquids, leaky pipes, and ice are just a few common causes of such accidents. These accidents can occur at home, in the workplace, or even in a public facility. They can be particularly devastating, resulting in broken bones, cuts, bruises, and concussions. In some cases, the cause is not known, but a combination of these factors may be at fault.
The most common cause of slip and fall accidents is collected water. Liquids can spill onto floors in a variety of ways, including in jars of pickles or around the soda machine. Store owners have a duty to ensure that their floors are kept dry and safe, but many are too busy to properly check them. The following are some common causes of slip and fall accidents and ways to prevent them. These six common causes of slip and fall accidents may help you avoid the unfortunate accident.
Spilled food and drinks are another common cause of slip and fall accidents in New York. A business owner’s failure to take proper precautions to keep its floors clean will affect the amount of compensation a victim can receive. The first step in preventing slip and fall accidents is to post signs warning of possible hazards. When you notice a spill, make sure employees immediately put up a wet floor sign. Once a spill has occurred, move quickly to clean up the area. An NYC slip and fall attorney can hold businesses accountable for their negligence.
Another common cause of slip and fall accidents is a lack of training or safety equipment. Employees in high-risk industries must undergo proper training in using tools and equipment to avoid slips and falls. In addition, employers must train workers on proper equipment and maintain a safety culture. Otherwise, slips and falls can cause serious injuries to employees. The CDC offers a fact sheet about preventing slip and fall accidents in the workplace.
Poor lighting in an area is one of the most common causes of slip and fall accidents. When the area is not properly lit, it is difficult to navigate. Furthermore, the floor may not be level or have perfectly bent corners. Additionally, the flooring may be worn out, or the carpet might be torn. These factors can cause a fall. If these factors are present, it is likely that the victim will slip and fall.
While slip and fall accidents can occur at any location, the most common cause of such accidents is negligence on the part of a nursing home. Elderly adults are vulnerable to slip and fall injuries due to aging and lack of balance. In addition, they are more fragile, which makes them more prone to suffering fractures and serious injuries from falls. Statistically, over three million elderly individuals fall each year, and over 800,000 are admitted to a hospital for a fall injury every year.
Legal requirements for filing a slip and fall claim
Slip and fall accidents can result in many different kinds of damage. In most cases, the premise owner is the defendant. However, the responsible party may be an individual or entity that has control or occupancy of the property. Sometimes, there are other factors that contribute to the accident as well, such as uneven flooring, dim lighting, or missing handrails. In such cases, a lawyer will be necessary to make sure that you get the maximum compensation possible.
To establish a breach of duty, the property owner must have a record of the accident and provide documentation of it. A building code violation can also support a slip and fall claim, although it is not necessary. If the property owner failed to follow regulations or laws, they may still be found negligent. However, proving negligence is only half of the battle. It is crucial that you can prove that the negligence caused the accident and that the defendant was negligent.
If the defendant is liable for your slip and fall accident, you must prove that they knew or should have known about the dangerous condition. If you fell on a slick mat in a drugstore, for example, you had no prior knowledge of the condition, but the condition existed for a long time and was clearly visible. The mat may have been a problem for other customers before you fell on it.
The time limit for filing a slip and fall claim varies depending on the type of property you fell on. Private property has a three-year statute of limitations. Public property has a 90-day deadline, while other types of property have a shorter period. The earlier you file your claim, the better. And make sure you file a lawsuit as soon as possible. You never know when you might have a case and will need to prove it.
If you were to fall on someone else’s property, you should have photos to prove what happened. If possible, you should also collect any witnesses who witnessed the fall. Eyewitnesses can help you prove that the premises were not properly maintained. The witnesses’ testimony will help your case and may even be crucial in the case. Having witnesses at the scene of the accident is a great way to prove that the property owner was negligent and liable for your fall.
The property owner is legally responsible for the condition of the property. If the owner failed to make the premises safe, then you have grounds to file a slip and fall lawsuit. You can recover any costs you incur as a result of the accident and even collect punitive damages for your pain and suffering. It’s a win-win situation for you and your loved ones. You’ll be glad you filed a slip and fall lawsuit.
Common defenses to a slip and fall claim
Identifying the defendant for a slip and fall claim is not always an easy task. You must prove that the property owner or business owner was negligent, and you must refute the defendant’s defenses to make your case stronger. Successfully refuting the defendant’s defenses will strengthen your case and lead to a quicker settlement. Read on for some common slip and fall defenses and how to deal with them.
Generally, the first defense is that you did not know about the condition before you fell. It may seem simple, but if you don’t have any pictures of the condition, your attorney will try to argue that the condition did not exist. However, you can fight this argument with photos of the dangerous condition. In fact, it will be much more difficult for an attorney to argue that the slippery surface was not there when you fell.
Another common defense for slip and fall claims is the volenti non-fit injuria defense. This defense states that there can be no injury if the person was willing to fall and put themselves in danger. This defense may be raised in some cases, but judges may not allow this in unsafe situations. In this case, you’ll want to retain an attorney to help you prepare your case. These attorneys know how to approach your case.
In addition to the negligence defense, the owner may also raise the possibility that the slip and fall incident was caused by a defect. In addition, a fall that caused a person to become injured can result in a broken bone or concussion. Even a broken bone or a concussion can result in severe medical conditions. In such cases, a property owner can be held legally responsible for the injuries caused by its negligence. However, to be successful, the plaintiff must prove that the property owner or business owner was negligent. In order to successfully prove that negligence was the cause of the injury, the property owner may assert several defenses.
While it may seem tempting to settle your case and avoid paying for medical treatment, a slip and fall injury can cause lasting and expensive damage. You may also need physical therapy or surgery to correct the damage. These treatments may interfere with your daily life, affecting your ability to perform your daily tasks or care for your family. Calculating the cost of medical treatment can be complicated and require an experienced attorney. An experienced attorney can work with medical experts to evaluate the extent of your injuries and assess the amount of compensation you need to receive.
In the event of an accident, assigning blame is not a science. However, it is essential to understand the law regarding comparative negligence. Using an attorney can help you assess the evidence and make sure that the defendant is at least partially responsible for the accident. Even if you’re not at fault for the accident, the court can apply a “comparative negligence” rule. If a person is partially at fault for the accident, the compensation awarded is decreased by the percentage of the victim’s fault.