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Posted by: Pacific Attorney Group on 11/02/2016

Don't Slip Up or Trip Up with Your Fall Case

Don't Slip Up or Trip Up with Your Fall Case Aside from motor vehicle accidents, slip and falls and trip and falls are some of the more common accidents that a personal injury lawyer encounters. These accidents can occur in homes, businesses, industrial facilities, grocery stores, parking lots and public property.

Common causes of slip and falls
Slip and falls can occur both indoors and outdoors. They happen when a person loses traction with a surface. The victim usually falls backwards. Some of the most common causes of slip and falls include:

  • Wet floors or floors with foreign substances on them
  • Loose carpeting, rugs or mats
  • Improper removal of snow and ice
Common causes of trip and falls
Trip and falls occur when a person's foot strikes an object and causes a fall. The victim usually falls forward. Common causes of trip and falls might include:

  • Uneven surfaces like sidewalk slabs
  • Insufficient lighting
  • Clutter or improper floor displays in retail store ailes
Severe injuries can result from a slip and fall or a trip and fall. The Centers for Disease Control and Prevention reports that direct costs from falls in the United States in 2013 were in excess of $34 billion. Common injuries suffered by victims of slip and falls and trip and falls who retain an accident attorney include:

  • Traumatic brain and spinal cord injuries
  • Fractures of the hip and pelvis
  • Neck and back injuries including fractures and disc herniations
  • Hand, wrist, arm and shoulder fractures
Proving negligence
To show that an owner or occupier of land was negligent, an accident attorney must prove certain elements. Those elements are that:

  • A duty of care was owed to the injured person by the owner or occupier
  • There was a breach of that duty
  • The breach of duty caused the claimant to be injured
  • The claimant suffered legally recognized damages
If the claimant fails to prove any one of these elements, his or her claim will fail in it's entirety.

Notice
The two elements most often contested in premises liability cases are breach of duty and damages. To show a breach of duty, the injured person must show that the owner or occupier of the premises either:

  1. Knew of the dangerous condition and did nothing to remedy or warn of it
  2. Should have known of a dangerous condition by using ordinary care and warned of it or repaired it
  3. Created the dangerous condition
If a claimant is able to get past proving the breach of duty, he or she must still prove legally recognized damages. Those ordinarily consist of:
  • Past and future medical bills
  • Past and future lost earnings
  • Pain and suffering
  • Any permanent disfigurement
  • Any permanent disability
  • Loss of a normal life
People who are injured as a result of the carelessness and negligence of others deserve full and fair compensation. Don't let a negligent owner or occupier of a premises slide past paying you compensation for your injuries. Contact a personal injury lawyer from our offices right away after any slip and fall or trip and fall for a free consultation and case evaluation. No legal fees are due unless we obtain a settlement or verdict for you.