Did you know that slip and fall accidents contribute to over eight million fall‑related emergency room visits annually in the U.S.? Falls are 100 percent preventable, according to the National Safety Council. Yet, it still remains the second leading cause of unintentional injury-related deaths in the US.
These accidents can happen unexpectedly. And when it happens in a place of business due to negligence or intentionality, victims can file personal injury claims against property owners for their oversight. This is because, according to West Virginia slip and fall lawyer Jody Wooton, they are supposed to have a reasonable duty of care in providing a safe environment for their guests. Their failure to adhere to this rule subjects them to responsibility in paying for compensation.
But not every fall leads to legal liability. This assertion is not always easy to prove. To determine responsibility, let’s find out what actions you should take to protect your interests in such cases.
Understanding Slip and Fall Accidents
We must recognize the widespread and hazardous reality of slips and falls without delay. Incidents staging such catastrophes may occur in any setting where a person could fall or slip—in stores, streets, the homes of friends, or anywhere else.
Cases of premises liability often involve things like slip-and-falls on wet floors or uneven pavements, break-ins and burglaries due to poor security, dog bites from careless owners, and injuries caused by faulty property, says premises liability attorney Frank S. Clowney III. These incidents may inflict pain and even injuries. But what is worse is when it also troubles your mind with worry about its impact on other aspects of your life.
You may feel burdened about not being able to work if it caused severe injuries. Another aspect to think about is the financial concerns and medical bills. Some people even experience sleeplessness at night, giving them a sense of emotional inefficiency when confronted with such a miserable picture.
Identifying the reasons behind the incident will help you stay secure and keep your family members safe. You will be thinking about walking safely.
Legal Rights of Injured Parties
You have to understand your legal rights if you get injured after a slip and fall accident. The rights, in this case, are receiving compensation for medical bills, lost income, and pain and suffering.
It is of benefit to take pictures of the area and gather names of witnesses; documentation on injuries will also be good to have. And, of course, do not neglect to ask for help; a personal injury attorney can guide you on how to protect your rights. Others have passed this journey and found assistance and understanding.
Having received information about your rights, the time is here to use it as a shield to get the deserved justice. Always keep in mind that there are no grounds for your silence.
Responsibilities of Property Owners
By law, property owners must provide safety to their visitors and guests. This means clearing all walking areas, promptly fixing any recognized hazardous conditions, and providing excellent lighting.
One may want visitors or clients to feel comfortable and secure around them, either at their home or work. Routine checks can help decrease the risk profile by dealing with problems in anticipation.
It is necessary to post signs and warnings regarding hazards. The same should be done when the floor is wet. These are just safety measures that can provide a solid defense against lawsuits on accidents. It can also be instrumental in proving your concern for the safety of those on your property.
Determining Liability in Slip and Fall Cases
The owner is liable for a fall injury primarily depending on whether the owner was aware of the danger or should have been aware of it. What created the fall? Did the owner inspect the place regularly? Was there a barrier in place to hinder such an occurrence?
In this case, the injured party must demonstrate that the landowner was aware of the danger but willfully ignored rectifying the situation, as opposed to accidentally committing the error. However, negligence will go against your case in terms of these facts.
It’s important to take photographs of where the incident took place as a measure to strengthen your case. Likewise, securing testimonies from witnesses will do the same.
Steps To Take After A Slip-And-Fall Accident
Promptness in asserting rights and health protection underlies slip and fall incidents. Check for any injuries without delay, and see a doctor as an option if some urgent medical attention is required. The next best course of action is to seek professional medical treatment immediately.
Capture the area with pictures and take useful notes pertaining to the hazard posed by the place. Collect contact details for witnesses to lend credence to your case. Advise the property owners or general managers immediately, but choose your words carefully to preserve any further legal steps.
Do not tell them you fell, as that will hamper your case. Hold onto any receipts of bills filled out at the doctor’s offices. Find a lawyer who will go through everything for you and get you the deserved highest reward.
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