Slip and Fall Accidents
The second leading causes of injuries in the United States are slip and falls.
It is estimated that over16,000 deaths per year are caused by slip and fall accidents and many others cause serious injury. Often time’s injuries or deaths related to slip and fall incidents happen because of a hazardous or very dangerous situation on property belonging to someone else. If an injury or fatality from a fall or slip is caused by a dangerous condition happens on property owned by another person, it may entitle you or your loved ones to compensation.
- What Causes Slip and Fall Accidents? Hazards and dangerous conditions cause 70% of these type of accidents. Slip and fall accidents can happen as a result of improper design or lack of maintenance of walkways, stairs, or other areas. Other dangerous conditions can be caused by slippery surfaces caused by ice, liquids, or even food on the floor.
- Where Do Slip and Fall Accidents Happen? They can happen anywhere – in a grocery store, restaurant, work, school, shopping mall, or while walking down a sidewalk. Slip and fall accidents may be caused by uneven or wet floors or walkways, lighting that is dim or inadequate, or anything that hinders you from being able to see a danger or hazard.
- How Do Slip and Fall Accidents Occur? These types of accidents usually have one of two scenarios, either your front foot slips forward, which causes you to fall backwards or your rear foot slips backwards, which causes you to fall forward. The other main way these accidents occur, is when your foot hits an obstacle causing you to trip.
The impact of a fall caused by a slip or by being tripped may cause serious injuries that can affect your life for a long time. If this has happened to you, you should seek medical and legal assistance as soon as possible.
A Property Owner’s Duty to Prevent Slip and Fall Accidents
The law requires that property owners use reasonable care in the management and maintenance of their premises and avoid exposing others to an unreasonable risk of harm, such as a slip and fall or a trip and fall. Therefore, property owners have a duty to reasonably inspect for any unsafe conditions on their premises and either to repair or give adequate warning of conditions that pose a risk of harm to others.
The victim of a slip and fall must prove that the property owner knew or should have known about the hazard that caused the slip and fall accident, and that he failed to remedy it. If the property owner, or any of his employees, created the dangerous condition that caused the slip and fall injury, knowledge of the hazard may be automatically imputed to them. However, if the hazard was created by a non-employee, such as a customer, the claimant must show that there was time enough for the property owner to have discovered and repaired the dangerous condition, or that the hazardous condition occurred with such frequency that the owner should have been aware of its presence.
In some instances, a property owner may have a duty to post warnings of a danger (such as “wet floor” signs), but these warnings must be visible.
What Should You Do After a Slip and Fall Accident?
- Seek Medical Help for Your Slip and Fall Injuries. If you suffer a slip and fall or a trip and fall, seek immediate medical attention for your injuries. In the case of severe injuries, an ambulance should be summoned for emergency transport to a hospital. Too often, however, severe injuries sustained in a slip and fall accident may not manifest themselves for some days or weeks, making it all the more important that you be examined by a medical provider without delay.
- Determine the Hazard That Caused Your Slip and Fall. Take Photos. In order to have a viable slip and fall (or trip and fall) claim, it is necessary to identify the dangerous condition or hazard that caused you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. Therefore, do what is reasonably necessary to take photos. If you have a camera with you (your cell phone will do), snap photos, or ask a companion or anyone at the scene to take one.
- Report the Slip and Fall Accident. If you suffer your slip and fall injury in any commercial establishment, such as a store, a supermarket, or a mall, you should report the slip and fall accident to management right there and then. It is very important to document your slip and fall accident in this way. Incident reports contain useful information about the accident, including the date and time of the slip and fall, the names of witnesses, and the circumstances of the injury. Most importantly, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later claiming that the incident never took place.
- Contact a Reputable Alaskan Trip and Fall Attorney. Time is of the essence after a slip and fall (or a trip and fall) accident, so you should protect your rights by immediately contacting a reputable slip and fall attorney. A prompt investigation is vital to a successful slip and fall claim. In many instances, the hazard that caused the slip and fall may be a temporary one (such as a liquid spill in a supermarket) and may be cleaned up quickly, destroying critical evidence for your case. An expert slip and fall attorney will initiate the proper steps to preserve evidence, identify and locate witnesses, and assist you in obtaining the necessary medical care. He will also protect against complicated filing deadlines, which for some slip and fall claims may be as short as six months if certain government entities are involved. Failure to meet these deadlines may mean that any claim for compensation that you may have for your slip and fall injuries is lost forever.
Who Is Responsible for Your Slip and Fall?
Property owners, operators, and managers – whether they are individuals or business entities – may be liable for your slip and fall. A knowledgeable slip and fall attorney can locate the owners of any given property by checking the appropriate government records, including tax rolls.
Some owners and operators who bear responsibility for your slip and fall may not be as obvious. They may, for instance, include service providers – such as concessionaires and janitorial companies – on the property in question. They may include franchisors and parent corporations. And they may well include government entities. A slip and fall at a public school, for instance, may impose liability on a local governmental body, whereas a slip and fall at a post office would implicate the federal government.
Damages You May Recover for Suffering a Slip and Fall
If your slip and fall accident was due to negligence on the part of a property owner, operator, or manager, then you would be able to recover compensation for:
- Pain and Suffering;
- Medical bills for past and future care;
- Lost wages; and
- Any reduction in your earning capacity.
Contact Denali Law Group Today at 907-357-5297 to speak to an attorney about your case. Free consultation.