A slip and fall usually occurs when an individual stumbles or misses a step thereby losing his or her grip and falls due to the ground due to either a fault of their own, that of the property owner in which they fell, wet floors or banana peels in stores or shops, that of government agencies due to bad road or debris on the road or as a result of bad weather conditions. A slip and fall is also known as a trip and fall and it can be used as a personal injury claim in the case of negligence on the part of the property owner in which they slipped and had a fall.
The slip and fall cases are under the premises liability cases as legal actions would be taken against owners of properties in which a person slipped and fell thereby getting injured in the process. Estimations made by the National Centre for Injury Prevention and Control in the year 2004 pitted the number of cases of slip and falls with injuries as a result of them at about 8 million people.
A Slip and Fall: Who is Responsible?
Every property owner is generally expected to maintain safe conditions on properties owned by him or her. For slips and falls that occurred in a property owned by a person, maybe a mall or a shopping Centre or even a house, it is typical enough to hold the property owner responsible for any harm or injuries that may arise from the slip and fall of an individual on his property due to negligence on the part of the property owner arising from a formerly existing dangerous condition which was not fixed by the owner. An example of this could be an inaccurate or unsuitable distance between the steps in a staircase in the owner’s property or liquid resulting from a spill which wasn’t cleaned up or objects on the pathways which inadvertently created a security hazard.
Although owners of properties are not automatically answerable for slip and fall cases on their properties, they can also be made to pay some damages if a case of negligence and lack of reasonable care is established against him. That is why an individual involved in a slip and fall case should reach up our legal Slip and Fall Attorney in Los Angeles and San Fernando Valley California to help them in investigating their claims and instituting a case against the property owner in which the slip and fall case occurred.
Causes Of A Slip And Fall
A slip and fall could be caused by so many factors. These factors range from little to bigger issues. The higher these factors are, the higher the risk of getting major injuries. Some of these factors include:
- Wet floors due to liquid spillage
- Loose tiles
- Poor lighting in homes and shopping malls
- Uneven steps in a staircase
- Collapse of structures
- Holes or cracks on the floor
- Torn carpets or unevenly placed rugs
- Cracks in pavements etc
These are usually attributed to the negligence of the house owner, and he could be liable to be sued for any damages or harm to the individual who slipped and fell except if he had consulted with his Slip and Fall Attorney in Los Angeles and San Fernando Valley California.
Dangers Of A Slip And Fall And Possible Injuries
Slip and falls are one of the commonest accidents that occur on a daily basis across the states of America, and in fact, all over the world. A slip and fall could be very injurious to the health of an individual. While minor injuries are the most common injuries that could be sustained in a slip and fall, some major injuries could also be sustained from a slip and fall depending on the circumstances surrounding the slip and fall accident.
Some of these injuries include:
Establishing Negligence In A Slip And Fall
- Injuries to the hips
- Elbow injuries
- Permanent disabilities, which may lead to amputation
- Spinal cord injuries
- Head cuts
- Brain damage
- Injuries to the back
- Injuries to the neck
- Death etc
In attempting to establish a case of negligence on the part of the property owner, the plaintiff must be able to prove that the slip and fall accident was as a result of a dangerous factor which the owner knew about and yet did nothing to fix the situation. Such could be hard to do as the owner could blatantly deny having any knowledge of it. This dangerous factor must have to be something that was capable of presenting risk to individuals on the property but not easily foreseen by any of them. Our Slip and Fall Attorney in Los Angeles and San Fernando Valley California
could help pursue your case to a successful conclusion so that you can receive your compensation claim.
Before a property owner can be held accountable for injury or harm faced by the injured party on his property, it has to be established that:
- The factor in question that caused the injury to the injured party was created by the property owner
- The existence of this factor was known by the property, but out of his own negligence, it was not corrected
- This causative factor had existed for a long period of time during which the property owner should have discovered it and done the necessary repairs to it
Once it can be accurately determined that the property owner knew of the dangerous causative factor(s) of on his property with these factors being in existence for a very long time and yet nothing tangible was done to correct it so as to prevent such accidents, it’s very likely that the case against the property owner would be ruled in favor of the injured party.
Majority of states in the USA apply the rule of comparative negligence in deciding who is at fault in a case of a slip and fall accident. This rule comes in when the injured party is said to share a fault in the accident. For example, if the injured party was walking into a mall and texting and mistakenly tripped against a mopping bucket on the way, the rule of comparative negligence could apply as both parties can be said to share a fault in the accident. The courts may require the property owner to pay a percentage of the compensation for damages, and the injured party to cover the rest.
For all your personal injury related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!