DIRECT AGGRESSIVE ADVOCACY

Catastrophic Injuries in Slip and Fall Accidents

June 02, 2019

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How to Recover Compensation After a Slip and Fall Accident

Slip and fall accidents happen all the time. In many situations, they occur because property owners or managers fail to take simple precautions. Failure to follow these precautions is perhaps the reason why slip and fall accidents are one of the most common accidents around. This is especially so for public places and work environments.

From statistics made available by the Center for Disease Control (CDC), over one million Americans suffer a slip, trip, and fall injury. This in turn leads to the deaths of over 17, 000 people in the US annually.

If you have been injured or if you have a loved one injured in a slip and fall, understand that you may have the right to sue.

At Oshan and Associates, we have several years’ experience preparing and trying premises liability cases such as slips and falls.

It is Possible to Sustain Catastrophic Injuries in Slip and Fall Accidents

According to the Occupational Safety and Health Administration reports that slip and fall accidents are the cause of 15% of all accidental deaths. This is second only to fatal road accidents.

Injuries that can be suffered from a slip and fall accident range from minor to severe. According to the World Health Organization, about 20% to 30% of people who experience a slip and fall will suffer moderate to severe injuries. These injuries can lead to bruises and fractures. They may also cause damage to the bones and joints.

Other than bruises and fractures, slips and fall accidents can be even more life-threatening. According to the CDC, slipping or tripping accidents are so dangerous that they are the common cause of traumatic brain injuries (TBI). This is especially the when senior citizens suffer slip and fall accidents.

These accidents can have dire and adverse consequences on the victims and their loved ones. It can also have serious impact on victims’ ability to earn a living. Slip and fall accidents take an average of 11 workdays away from their victims.

The Major Causes of Slip and Fall Accidents

A research conducted by the National Floor Safety Institute (NSFI) reveals that nearly 1 million people are admitted to the emergency room due to injuries from slips and falls each year. The NSFI also identified the major causes of the accidents. These include:

  • Slippery Conditions: This can be as a result of spills, leaks, or recently-mopped floors.
  • Terrible Weather Conditions: Hazardous weather conditions like rain, ice and snow are also contributory factors. While these are natural occurrences, pooling of water on streets, sidewalks and walkways can constitute a hazard that need to be removed. Failure to do this may constitute negligence.
  • Surface Hazards: Jagged surfaces, including uneven or broken pavement, potholes and debris can also cause slips and trips. Objects protruding from the floor like cords or unfastened floorboards have also been pinpointed as a common cause of slip and fall accidents.
  • Defective Staircases: Slip and fall accidents also occur on staircases and rails in the interiors of homes or commercial buildings. Staircases with defects or obstructions may cause victims to lose their balance and fall.
  • Flawed Footwear. The National Floor Safety Institute reports that 24% of slip and fall accidents are caused by footwear. All kinds of Footwear, not just high heels, can cause a slip to happen.

Negligence in Slip and Fall Accidents

If you are injured due to the negligence of another or because a hazard was ignored, you may have grounds for a legal claim. This is because the Occupational Safety and Health Administration (OSHA) has set a minimum safety standard that applies to all work or public places.

In 2018, more than 6,200 citations were issued against businesses for failing to meet requirements in fall protection standards. Construction companies, with more than 40% of fall-related fatalities, account for the highest rate of both fatal and non-fatal slip, trip, and fall accidents.

According to the OSHA guidelines, warning signs must be erected to warn people of wet or slippery surfaces. In effect, a person or business premises can be held liable for any slip and fall accidents that occur.

This duty of care will also extend to maintenance of public walkways. When a person or entity owes you a duty of care and they fail in this duty, they may be held responsible for their negligence.

Recklessness or intentional misconduct will also be considered in holding the other party liable. In some cases, the at fault party can even be held strictly liable for your injuries whether they were negligent or not. This means you may not even have to prove that they were negligent or reckless.

What Compensation Can You Recover in a Slip and Fall Claim?

Every year, Slips, trips and falls cost businesses over $11 billion in compensation. This should not come as a surprise, since slip and fall injuries make up about 20 percent of all job-related injuries. Short and long-term incapacitation as well as medical difficulties are some of the complications that may arise from a slip and fall incident. In some instances too, the injury may become fatal.

Any way you look at it, a slip and fall accident can have a number of financial consequences for the victim or their loved ones. This is why you may be entitled to several heads of compensation after the negligence the at fault is ascertained. They may include:

  • Compensation for your injury
  • Cost of medical expenses and treatment
  • Loss of earnings
  • Punitive damages against the negligent company
  • Out of pocket expenses

What to do if You’re Involved in a Slip and Fall Accident

The compensation you will get depends on the nature of injury sustained. Every year, slips and fall injuries cost employers between $30,000 to $40,000 per incident.

Keeping medical information and details of the injuries you sustained will go a long way in your action. Proving that your slip or fall accident was caused by the action or inaction of another is not always an easy task. As such, compensation may be difficult to claim.

You would need a qualified slip and fall accident lawyer who will investigate the cause of your slip or fall.

Your lawyer would also look into medical or other costs that you incurred as a result of your accident. All this will be necessary to build up your case and to determine the amount you can be awarded.

Get in touch with us at Oshan and Associates and let us help you recover the compensation you deserve. Click here to book a free consultation or call us on 206-355-3880 today for in-depth consultation about your slip and fall accident.



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