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You may be perplexed by the similar-sounding phrases or all the legal jargon that is required to understand these claims, but nonetheless challenging to comprehend. This article will explain what a slip and fall is, as well as the various kinds and what you should do if you’re injured.
Accidents in which a person slips or trips while walking result in approximately 9 million hospital emergency department visits each year, according to the National Safety Council. Most people would assume that these injuries are minor, such as a little bruising or superficial scraping. However, serious injuries can occur as a result of the manner in which a person’s body falls and the unexpected and unanticipated nature of the incident. Frequently, it is because of the suddenness of the event that allows so much room for harm since the body has little time to prepare itself.
Common injuries from slips or trips and falls include:
Slip and falls are not always serious or life-threatening occasions. The most frequent injuries resulting from the fall are bruises, scrapes, and/or cuts that can range from minor to significant but that almost always heal completely. This doesn’t imply they aren’t painful; it just means they won’t result in long-term damage or disability.
A fall’s second most frequent consequence is muscular, ligament, and bone injuries. These parts of the body typically absorb the bulk of the shock and pressure when falling. Slipping or tripping can twist an ankle by stretching out connective ligaments, for example. The body’s natural reaction to attempting to catch itself can induce sprains and twists, while the impact itself can cause other injuries. Bony fractures or breaks may be caused by the impact of landing on the ground, for example. The most frequent fall-related injuries are fractures to the hand, arm, upper arm, spine, hip, pelvic area, leg, and ankle.
When someone falls and skids on the ground, it’s not unusual for them to land directly on their shoulder, or for the impact to be transmitted through the hand and arm. Minor injuries include sprains and bruises, as well as shoulder dislocations known as brachial plexus injuries that might be serious. The brachial plexus is a network of nerves that connects the spinal cord to the shoulder, arm, and hand. Slips and falls are responsible for most brachial plexus injuries, and they are extremely unpleasant. They are nevertheless highly curable.
Slipping and falling is more common in the younger and older populations. The younger generation is limber, making them more likely to heal, while the older crowd is more fragile, requiring them to heal slower. When elderly people fall, they are more prone to being injured than those in their twenties or thirties. Simply put, this sort of violence affects our older population at a disproportionately high rate. A fractured hip is one of the most severe injuries that can be incurred as a result of a fall. Falls are responsible for more than 95% of broken hips. Within a year following their accident, one in five hip fracture patients dies. This is due to the fact that elderly persons’ hip fractures frequently necessitate lengthy hospital stays, bed rest, and long-term care. It’s tough to break out of this pattern and fully recover once it begins.
Falls are the most prevalent cause of traumatic brain injury, often known as a TBI. As previously stated, slip and fall types of injuries frequently result in a person’s head traveling at high speed towards the ground with little or no notice. Traumatic brain injuries are those that happen as a result of an accident or combat. Any damage to the brain, the body’s most critical organ, is considered severe. TBIs, on the other hand, range from mild to serious. Minor and severe concussions can occur in the same person, with one type suffering a rapid recovery and the other experiencing long-term brain damage. Some people may suffer a minor concussion that heals swiftly, while others may get a TBI that causes significant swelling of the brain, along with seizures, mood changes, cognitive impairment, and other lifelong disabilities.
The spine is just as essential to life as the brain, which is required to breathe. The spine and spinal cord are responsible for almost all human body movement. Injuries to a person’s back are frequently caused by falls or slips. The most common causes of this accident are as follows: the twisting motion, the abrupt impact of falling on their heads or butts, and contact with a non-grass item like a step’s edge. The trauma’s intensity can cause the back muscles, ligaments, fractured bones, and spinal discs to bulge or herniate and even damage the spinal cord. Because of the 100 trillion+ nerves that it is connected to, these sorts of injuries are almost certain to be unpleasant. A spinal cord injury may result in temporary or permanent paralysis, varying impairments, a lifetime of pain and suffering, or any other number of neurologic and sensory problems.
When someone damages their neck, they’re really harming the top cervical section of their spine. As a result, most neck injuries are similar to back problems in that harm may be done to the vertebra bone, spinal cord, spinal disc, or any of the nerves, muscles, and ligaments surrounding it. A neck injury is more serious for a number of reasons. The connection between the neck and the rest of the spine and body is one of them. Because the upper part of the spine is damaged, it raises the incidence of temporary or permanent disability or paralysis in other parts of the body. The neck is particularly vulnerable, with everything from the neck down at risk. The abrupt fall’s whiplash motion or a person landing on their head or neck may induce neck injuries.
People who fall will instinctively move their bodies in such a manner as to minimize the harm they receive. One method for doing this is through the use of one’s knees. As a consequence, the force of a slip and fall may be transmitted to these joints, resulting in severe damage. Anyone, including elderly people, may break their own bones. They can fracture the bones located below the knee. Injuries to muscles, tendons, and ligaments can also be caused by cuts that lacerate through them. Knees are susceptible to trauma, which can result in the patella and some other joints in the knee being dislocated.
Knee injuries, like any other sort of joint damage, can severely limit a person’s mobility and might eventually result in lifelong problems with the usage of the affected joint. Chronic pain, restricted motion, and additional injury complications are all possible outcomes. Knee injuries can have a major influence on a person’s ability to work, their quality of life, and the time and money required to heal.
The owner of the property where the fall occurred is typically held responsible for slip and fall injuries. Other third parties may be held liable as well.
If the trip or slip and fall happened on someone else’s property, and the homeowner was careless toward that property, the owner of that property will most likely be held responsible. It’s also conceivable that the person in charge of maintaining and upkeep that land may be held accountable for your injuries. For example, a lady in Louisiana has recently filed a lawsuit against the grocery store chain Winn-Dixie after she slipped and fell in a puddle of clear liquid at one of their stores. She broke her shoulder due to this. However, not all slip and fall injuries are caused by carelessness. We all have a duty of care for our own safety as well as the responsibility of looking where we’re going. Contacting an experienced trip and fall lawyer is the most effective method to figure out who is responsible. An investigation may be conducted to examine the numerous elements of a slip and fall accident, as well as any underlying liability.
Slip-and-fall is a phrase used in personal injury law to describe someone slipping or tripping, resulting in themselves falling and getting injured. A slip-and-fall must take place on someone else’s property for it to be considered such. Private injury claims, such as these, are frequently referred to as premises liability suits. This is due to the fact that these occurrences usually take place on someone else’s property (land). Because the landowner has a duty of care to keep their property safe, they may be held liable under the law.
There are several sorts of slip-and-fall injuries that are usually grouped together under the same label. Because all personal injury claims are fact-sensitive, differentiating between the words is crucial. As a result, it’s essential to talk about issues in the most exact terms possible so that what occurred is clear. The following are some of the kinds:
Slip-and-fall– When a person who is unsecured from the ladder slips on a liquid, dampness, or thing that causes him to fall. Slipping on an unclean puddle of soda in a convenience store; an ice-covered walkway; and beads left on the floor at a craft shop are all examples.
These various sorts of injuries are just a few examples, but any fall can result in an injury. Because of the nature of slipping, it’s common for someone’s feet to leave their feet while they’re falling, causing them to go backwards. Slipping victims may land on their back, head, or hip when they fall. Because of this, slip-and-falls are notorious for causing spine injuries. Trip and step-and-falls frequently result in a person’s momentum pushing them forward. This generally leads to a different variety of injuries as individuals fall forward. People who fall forward frequently extend their arms in an attempt to prevent themselves from tumbling further. This can result in a lot of damage to the hand, wrist, arm, or shoulder. A head injury, face injury, or knee, elbow, or pelvic damage may all be caused by the forward momentum.
Accidents like slips and falls are unanticipated events by their very nature. Although you may not be able to plan for an accident like this ahead of time, there are a few things you can do afterwards to preserve evidence that will put yourself in the best possible negotiating position. Even if you don’t feel hurt or notice any major problems right away, it’s typical for people to start having issues that develop gradually over the days or even weeks. To safeguard yourself, keep track of the accident.
Take Pictures– Take photos as soon after the accident as possible to preserve evidence. These days, most people have a smartphone (or at least a phone with a camera built-in). Taking photographs of the situation is easier than it’s ever been. If possible, take pictures of the area where the fall occurred, as well as any spills, objects, or items that may have caused it. If you’re severely hurt but unable to travel alone, have a friend or family member pick you up as soon as possible.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 508-3212
To the court, in a Texas slip-and-fall case, the injured party and their legal representative must establish three facts:
The injured person was owed a duty of care by the property owner or business. When you walk into a store while it is open for business, you are invited to walk around. You are the inviter and they are the invitee. When a business invites someone onto their premises, they have a duty to ensure that the premises are safe.
You must show that the store, company, or landlord neglected to take reasonable precautions in maintaining or operating the premises. The court considers each situation on a case-by-case basis based on the evidence. For example, is it realistic to expect a store to clean up a spill in the main walkway in three hours?
The final component is to show that the company or property owner was negligent in failing to maintain their property and causing the damage.
In most states, the statute of limitations (the amount of time someone has to make a claim or file a criminal charge) is known as a law regulating limitation. The statute of limitations in slip-and-fall cases is two years from the date of the accident. The clock starts on the date of injury, not on the date of accident or fault. After that point, the injured person may not commence a lawsuit against an at-fault party
In a slip-and-fall-type accident, comparative negligence is a legal phrase that determines if the victim was completely or only partially responsible for their injuries. When the claimant is deemed to be partly at fault for the incident, several states utilize varied protocols. In Texas, the compensation of an injured person is penalized by a percentage equal to the proportion that the accident was caused by their negligence. This rate is set in a jury verdict based on a pre-determined formula.
Depending on where the accident occurred, the way your case will proceed may vary. The three most prevalent categories are business properties, residential homes, and government property.
– The owner of a business, such as a store or a restaurant, who is lawfully responsible for the injuries that someone sustains as the result of a slip/trip-and-fall accident:
The third scenario occurs when a property owner or manager cannot be aware of all hazards immediately after they occur. It is nevertheless their duty to be aware of any hazards on the premises, which is one reason why they engage cleaning services, personnel, and safety experts. In these situations, common sense is used to determine liability. The law decides whether the owner/manager of the property was cautious based on whether they took reasonable precautions to keep it clean and safe.
– A homeowner who invites you into their house or property has an obligation to keep it hazard-free, just as a business that invites people in because it is open for business does. A slip-and-fall at a cookout, for example, might allow you to seek compensation, but the most typical form of lawsuit is when a landlord fails to maintain their property safe. In this scenario, landlords may be held responsible for slip and fall injuries incurred by tenants or visitors to the property. To establish a landlord’s liability for an injury caused on a rental property, a tenant must show that:
In the event of an accident, someone will be held accountable for any expenditures incurred. The party who was at fault for the incident should be that individual. The following are some examples of damages that might be recovered and compensated for:
Slip Fall Lawyers of Texas can assist you with what evidence is required for a slip and fall claim if you have any queries. We can evaluate the facts of your case during a free consultation and advise you on your alternatives.
If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.
We fight to help accident victims who has slipped and fallen in an accident to get back on their feet.
If you’d like to talk with us and ask questions specific to your case, call us at (888) 508-3212 for a free case evaluation.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 508-3212
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