Understanding Slip and Fall Accidents
If you have experienced a slip and fall accident, you understand just how serious such accidents can be. While many people fall, suffering little more than a bruised body—and a bruised ego—many more who fall are seriously injured. Some facts associated with slip and fall accidents include:
- Fatalities are almost equally divided between men and women, although more women, overall, will experience a slip and fall accident.
- Falls account for over eight million emergency room visits, making them the leading cause of ER visits at 21.3 percent.
- According to the Consumer Product Safety Commission, flooring materials contribute directly to more than 2 million fall injuries each year.
- Falls are much more common among the elderly, with one out of every three persons over the age of 65 experiencing a fall. Half of these people are “repeat” fallers.
- When elderly adults are hospitalized for a hip fracture resulting from a slip and fall, as many as half of them will never be able to live independently again.
- Although falls occur in every single type of service and manufacturing industry, fatal falls most often occur in the construction and mining sectors.
Accidents happen, and injuries can result from those accidents, however when an accident is the result of negligence on the part of another person, you may have legal recourse. It is necessary that you be able to prove liability in order to receive an insurance settlement or win a personal injury lawsuit. Generally, you must be able to prove the following elements:
- The owner of the property, or an employee who works at the property, should have recognized a dangerous condition, and taken steps to fix the condition. Whether a reasonable person would have identified the hazardous condition, and whether there was sufficient time for the hazardous condition to be remedied prior to the accident are important factors in a slip and fall claim.
- If a property owner or employee was actually responsible for the hazard which led to your slip and fall accident, then it follows that it was reasonably foreseeable that an accident such as yours could result. The property owner or employee may have stacked boxes haphazardly, or left items in the walkway, and those hazards resulted in your slip and fall accident.
You may wonder just how the term “reasonable” is defined in a slip and fall claim. If a person failed to act in the same manner as a reasonably prudent person would have done under similar circumstances, then he or she may not have acted reasonably. Some factors commonly associated with slip and fall accidents include the following:
- Surface of the floor;
- Ice, grease, water or other slippery substances on the floor;
- Loose carpeting;
- A dirty floor;
- Raised or recessed edges on flooring;
- Changes in floor surface, such as carpet which changes to tile;
- Changes in floor levels;
- Unexpected slope or raises in the floor;
- Obstructions in the walkpath;
- Poor lighting in the area;
- Glare in the area;
- Unusual features such as loud music or strobe lighting, and
- The physical capabilities or physical challenges of the individual.
If you suffered a serious slip and fall accident, and believe you are entitled to compensation from the negligent party, it is important that you speak to an experienced premises liability attorney who can ensure your rights are protected following your accident. Your premises liability attorney will thoroughly investigate your accident in order to determine who the liable party is, then will work hard to ensure you receive equitable compensation for your injuries, including medical expenses, pain and suffering, lost wages, and, when appropriate, punitive damages.
Contact Our Louisville and Lexington Slip and Fall Accident Lawyers
At Sciantarelli Law Firm, our Louisville slip and fall or trip and fall accident attorneys are ready to fight for you and your rights. If you have been injured in a slip and fall accident, we can help you obtain the money you will need to fully recover. To learn more about your legal rights, contact experienced Louisville slip and fall accident attorney, Kevin Sciantarelli, today for a free consultation. Call 1-855-538-4611 or fill out our online contact form for more information.