Slip And Fall Accidents

Slip and Fall accidents are regulated by tort legislation. Under these laws there are four types of fall accidents. These are:

•    Slip and fall accidents that occur when a person falls because there was something like snow or liquid on the floor that caused their shoes to lose traction;
•    Trip and fall accidents happen when a person loses their balance due to a foreign object on the floor;
•    Stump and fall accidents are usually caused by an anomaly in the walking surface, like a hosepipe being left on a walkway;

•    Step and fall where a person fall because a hole or crack in the walking surface.

If you had a bad fall, the owner of the property where it had happened might be liable for your damages. This is called premises liability. Courts expect the owner of property or land or a person who is control of it, like a tenant, to exercise reasonable care to make sure that they do not create a fall hazard to others. The law calls this a duty of reasonable care. When it comes down to the wire, the lawyers and the judge will ask two questions: Could the owner or tenant foresee that someone might be injured? Were they negligent?

To add to this a plaintiff will also have to prove that the owner had actual or “constructive notice” of the hazard. This does not necessarily mean that the owner had to know that there was ice on the sidewalk, but that they would in all reasonableness be expected to have known since, for instance, it had been snowing all day.

Typical hazards for which the courts have held property owners liable include a torn carpet, stairs without a railing and a wet floor without warning signs.

If you suffered a bad fall you might have a claim for medical expenses, also for future therapeutic treatment, loss of wages, future loss of earnings, pain and suffering. It will be best to involve an attorney from an early stage as these claims can become complicated. Make sure that you keep all documents, like doctors’ reports and a list of eyewitnesses and their contact numbers. If possible also take pictures of the scene of the fall.

Even though most of us just brush ourselves off after a bad fall and proceed with nothing more but a bruised ego, slip and fall accidents can cause serious spinal or even head injuries and should never be taken lightly. Your attorney will have access to medical experts and actuaries who will be able to calculate the correct value of your claim and any future problems that your fall might have caused.

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