The possibility of being injured by falling is far from most people’s minds as they leave their homes and set off to go to work, to run errands, or to meet friends for a meal or shopping. Most would be surprised to learn that the Centers for Disease Control report that roughly 8,000,000 non-fatal injuries, including spinal cord and traumatic head injuries, result from slip-and-fall accidents each year, and around 19,000 people die annually from fall-related injuries. More people end up in the emergency room from falls than from car accidents. Falls are the number one cause of death in the workplace, the third most common cause of accidental death overall, and the leading cause of accidental death in people over sixty-five.
This information has been provided on an educational basis, for additional information contact an experienced Long Island Injury attorney.
What rights and responsibilities apply?
It is the legal responsibility of property owners to maintain their premises in a safe condition. A person who has been harmed because of the negligence of another may be able to recover damages for medical expenses, lost work, help with everyday tasks, disability or disfigurement, and pain and suffering.
What are some of the causes of accidental falls?
- Uneven or damaged carpet
- Debris or obstacles on the floor or sidewalk
- Missing or worn steps on staircases
- Absence of handrails on staircases
- Highly waxed, polished, or wet and slippery floors
- Poor lighting
- Elevators making abrupt stops
Is it necessary to have an attorney to make a claim?
Insurance companies are often reluctant to approve claims in slip-and-fall accidents and may blame victims for their injuries. Anyone injured in a slip-and-fall accident should retain an attorney with expertise in this type of case. An attorney will take the steps needed to protect the victim’s rights, will gather information to prove that the fall was the result of negligence, and will determine several important facts:
- How the dangerous condition that caused the accident came about
- How long the condition existed
- Whether the property owner knew about the condition
- If there have been any other similar accidents at the property
- If the owner violated any codes, regulations, laws, or safety standards
The attorney will obtain medical, employment, and associated expense records to document the extent of the damages and will be thoroughly familiar with the laws of the state where the fall occurred, including important statutes of limitations. Even if the case doesn’t get to trial, insurance companies typically offer larger settlements when a victim has legal representation.
The material contained in this article is to provide an overview of slip-and-fall accidents and does not constitute legal advice, which can only be provided by an experienced attorney.
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