GeneralWhat is Considered a Slip and Fall Injury?

You may have heard the term “slip and fall” before. In personal injury law, it is a phrase used to describe any kind of falling accident that occurs on public or private property. When we fall, our legs give away from underneath us, pushing us forwards or backwards. What happens next is often an injury caused by the impact of your body’s weight hitting the ground in a particular way. It is difficult to predict the repercussions of a slip and fall because each incident is unique. However, it is clear that these accidents are dangerous and can permanently affect your health.

While recovering from a slip and fall injury, the injured party may consider taking legal action to help mitigate recovery costs. These expenses may stem from mounting medical bills or lost wages due to an inability to work. Slip and falls are a detailed area of injury law due to the requirement of proving fault. Often, a personal injury lawyer can better explain the details of filing these types of claims.

Understanding the Mechanics of Slips and Trips

Whether you are walking around on public or private property, you expect the conditions underfoot to be safe. However, numerous potential hazards can lead to a slip or a trip without it being the person’s fault. For example, slips occur when the friction between your foot and the ground is very low. Without proper traction, your foot can end up slipping. This can be for several reasons, including:

• A spilled liquid
• Ice, water, or snow
• A freshly waxed floor
• Dropped objects such as food

A trip can occur because of the above reasons, but it also can be associated with uneven flooring. If you fail to notice a change in the height of the ground you are walking on, it is easy to lose your footing and trip forward. Slips and falls can also occur because of:

• Raised floorboards
• Rugs or carpets
• Cracks in pavement
• Rocky terrain

It is up to the property owner to ensure that their indoor and outdoor spaces are kept safe from hazards. Despite your diligence, you could encounter issues at a bus stop, in the mall, at the grocery store, or on the sidewalk,and fall. Once you have slipped or tripped, the injuries you sustain may be significant.

Potential Injuries Resulting from a Falling Accident

Falling usually involves the natural human reaction to brace oneself. Whether stretching out your arms, sticking out your legs or tensing your body in preparation for impact, this natural reaction can play a role in the type of injuries you sustain from a slip and fall. Many victims will suffer some kind of spinal cord or brain injury. As we fall backwards, the tailbone is often the first thing to hit the ground, and this could result in ruptured discs or misaligned vertebrae. A fall forwards or backwards may cause you to bump your head, leading to a brain bleed or a concussion that can cause ripple effects throughout your body. Other potential injuries include broken bones and sprained joints.

Legal Conditions Required for a Slip and Fall Claim

Several requirements must be met if you are considering filing a claim for a slip and fall. The most important thing is that you sustained a significant injury due to the incident. This injury would have to be well documented in records showing that you pursued medical care because of your overwhelming discomfort. Additionally, it would need to be proven that the area where you fell was unsafe. You may have photos of the incident or a witness account that the conditions were a potential hazard for someone walking. If you are seeking a certain amount of compensation for your injuries, the court will further look at the fault in determining the case’s outcome.

Determining Liability

Once a claim is brought into the legal system, both sides of the case must be considered in order to determine what level of fault played a factor in the case. It is up to the property owner or manager’s legal representation to demonstrate that they are not at fault for what happened. Arguing this could involve signage placed around the area where someone fell warning of danger, or an attempt to clear up the situation in a reasonable amount of time, such as salting a sidewalk during a snowstorm. Additionally, the case will look at the potential that the plaintiff was partially responsible for what happened. Their fault may result from wearing inappropriate footwear, trespassing on the property, or willfully ignoring caution signs.

Working with a Lawyer During a Slip and Fall Case

Terms and specifics regarding legal expertise can be challenging to absorb without the knowledge of a seasoned lawyer. Not only can they help determine if you have a viable case, but they can also walk you through the process to ensure your concerns are seen and heard. Depending on who owned the property, you may only have a short window to file your complaint. Notice periods are often as short as 60 or even 10 days from the date of your injury, and if you fail to give timely notice, you can lose your claim before it even begins. If you are unsure of what to do after you sustain a significant injury from a slip and fall, contacting a legal professional can put you on the best path. With the foundation to build a strong case, rest assured that no details will be missed or overlooked while you seek the compensation you deserve.

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