Slip-and-fall accidents can cause lasting injuries, financial losses, and other negative outcomes. Understanding liability and getting support from a personal injury attorney in Riverside can help increase your chances of getting compensation if you’re injured.
Types of Slip-and-Fall Accidents
Hazardous conditions in locations such as workplaces, sidewalks, and stores often contribute to slips and falls. Some of these accidents can have serious consequences, ranging from trips to the emergency room to life-altering injuries.
Wet or Slippery Floors
Spilled liquids, freshly mopped or waxed floors, and ice on sidewalks can create hazardous walking surfaces. Business and property owners are generally responsible for maintaining safe conditions by cleaning spills promptly, using mats and warning signs in slippery areas, and applying preventative or melting treatments for ice.
Uneven or Damaged Flooring
Uneven flooring, damaged wooden planks, torn carpets, and cracked sidewalks pose significant tripping hazards. Serious falls in these types of cases can cause broken bones and concussions.
Poor Lighting
Poor lighting conditions prevent people from seeing potential hazards, such as puddles, obstacles, or uneven surfaces. Property or business owners are commonly responsible for maintaining safe lighting conditions by replacing burnt-out bulbs, using appropriately bright fixtures, and installing motion-activated lights.
Obstructed Walkways
Without proper hazard management, workplaces, warehouses, retail stores, and other locations are prone to obstructed walkways. Electrical cords, boxes, unattended bags, and other items create obstacles and tripping risks, especially when they’re located in emergency exit paths.
Broken Stairs or Handrails
Poorly designed or maintained staircases are a leading cause of slip-and-fall injuries. Broken or missing handrails, uneven or broken steps, loose carpeting, or wet surfaces make stairs dangerous to navigate. Rushing, carrying heavy or large items, or wearing improper footwear can further increase the likelihood of accidents on stairs.
Common Injuries Sustained in Slip-and-Fall Accidents
Slip-and-fall accidents can lead to serious injuries, some of which can have lasting physical, cognitive, or emotional effects. Common injuries that result from slip-and-fall accidents can include:
- Broken bones. Among the most common injuries sustained in slip-and-fall accidents, fractures and broken bones commonly affect wrists, arms, hips, and collarbones, as these areas are most likely to break the fall. They may require surgery, physical therapy, pain management, and extended time off work.
- Traumatic brain injuries. Head trauma from hitting the ground or an object can result in concussions, skull fractures, or other injuries that may impact normal brain function. Symptoms may not appear immediately, but mild injuries may cause dizziness, headaches, nausea, and other problems, while more severe injuries can lead to long-lasting or permanent cognitive and motor-function impairment
- Spinal cord injuries. Falls can cause slipped or herniated discs, fractured vertebrae, or even permanent paralysis from spinal cord damage. In more serious cases, these injuries often have secondary complications such as nerve damage, chronic pain, or restricted mobility.
- Soft tissue injuries. Sprains, strains, and torn ligaments often occur when people try to catch themselves instinctively during a fall, and they can cause long-lasting pain and limited mobility.
- Cuts and bruises. Falls onto sharp objects or rough surfaces can cause deep lacerations, abrasions, or bruises. Cuts may require stitches and cause permanent damage, such as scarring, while deep bruises cause prolonged tissue damage and pain.
- Internal injuries. Impact from a fall can lead to internal bleeding or organ damage, which are especially dangerous since they may not be immediately noticeable. Severe cases may involve hospitalization, secondary complications, and long-term recovery.
Who Can Be Held Liable for Slip-and-Fall Accidents?
Liability depends on where the accident happened and who was responsible for ensuring safe conditions. In general, property owners and business owners are subject to premises liability, which is liability for injuries resulting from dangerous conditions on the property.
For example, stores, restaurants, and other businesses are required to keep their premises safe for employees and customers by following standardized protocols and safety inspections. Workers’ compensation usually covers employee accidents, but employer negligence may justify additional legal action. Liability can also fall to other types of business owners, such as property managers or landlords who must address dangerous conditions to maintain safe living environments for tenants.
How Is Liability Proven or Determined?
To establish liability in a slip-and-fall case, certain conditions must be satisfied to show a direct causal relationship between negligence and injuries. These include:
- Duty of care. Property owners have legal responsibilities to maintain safe environments. Most property owners in the U.S. owe a duty of reasonable care for visitors.
- Breach of duty. You must demonstrate that the property or business owner failed to address a hazardous condition, that they knew or should have known about the condition, and that they had a reasonable opportunity to correct or warn visitors of the hazard.
- Causation. You must demonstrate that the hazardous condition directly caused your fall and resulting injuries. Photos, security footage, witness statements, and other evidence help show this link.
- Damages. You have to prove that you suffered actual harm, such as medical expenses, lost wages, or pain and suffering. Medical reports, hospital bills, and expert testimonies strengthen the evidence for damages.
Types of Damages You Can Receive
Slip-and-fall victims may be entitled to compensation for both economic and non-economic losses.
Medical Expenses
Damages for medical expenses can cover immediate and projected long-term costs, such as emergency room visits, hospital stays, physical therapy, and prescription medications. Lasting injuries may also claim compensation for ongoing rehabilitation and care, wheelchairs, and accessibility modifications for your home or vehicle.
Lost Wages and Loss of Earning Capacity
You may be entitled to recover lost wages if your slip-and-fall injury prevents you from working. If the accident results in a permanent disability or impairment that forces you to switch careers, work fewer hours, or retire early, you may also be compensated for loss of earning capacity.
Pain and Suffering
Pain and suffering damages cover non-economic discomfort and emotional distress. The amount of compensation depends on the severity of your injury, your level of pain, and the impact on your quality of life.
Punitive Damages
In cases of extreme negligence or intentional harm, additional damages may be awarded to punish the responsible party and deter similar behavior in the future.
What to Do After a Slip-and-Fall Accident
Taking the right steps after an accident can strengthen your claim.
- Seek medical attention. Medical attention ensures proper treatment and care for your injuries and creates a record of the accident.
- Document the accident. Take photos or videos of the hazards and injuries, and save related medical bills and records. Inform property or business owners and request a written incident report. Gather contact information from witnesses.
- Contact a lawyer. Contact a personal injury attorney to help organize your case and file a claim for compensation.
How a Personal Injury Attorney Can Help
Slip-and-fall cases often involve complex processes, and a personal injury attorney can gather evidence, negotiate with insurance companies on your behalf, handle paperwork and even represent you in court. Legal representation can make a big difference in obtaining fair compensation — contact BD&J Injury Lawyers to learn how we can help.
