Five Important Factors in Your Slip and Fall Case

Five Important Factors in Your Slip and Fall Case

• October 12, 2024
• Categories: Personal Injury

According to the National Floor Safety Institute, falls account for more than eight million hospital emergency room visits each year and, according to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than two million fall injuries annually.

Safety experts have identified a number of important factors that lead to slips and falls and their resulting injuries. In this post, we’ve examined five of the biggest risk factors when it comes to slip-and-fall incidents, and explained how you might be able to pursue compensation after an accident like this.

The Five Important Factors in Your Slip and Fall Lawsuit

Factor 1: Wet and Uneven Surfaces

Many falls result from walking across a wet or uneven surface. Even if you’re cautious, having identified the conditions of the floor surface, a severe fall can still occur.

Factor 2: Other Flooring Hazards or Dangers

Even when a surface is dry, other flooring hazards can be present. Many falls happen because of torn carpeting, loose floorboards, and clutter. Poor lighting can also contribute to these accidents.

A surprisingly large number of falls each year result from inadequate attention on the part of the victim. There’s good news here, though: Because California is a comparative negligence state, you can recover compensation even if you were partially to blame for your accident. In this situation, you may have your total damages reduced by your degree of fault; so, if you were 20% at fault for your accident, your damages entitlement will be capped at 80% of their overall value.

Factor 3: Inadequate Work-Related Training and Safety Equipment

Workplace slip and fall incidents are common in some industries, such as construction. Many workers are inadequately trained. Some work without appropriate safety gear, such as harnesses, safety nets, and proper footwear.

If your accident was work-related, you may be entitled to file for workers’ compensation benefits.

Factor 4: Health-Related Issues

A number of health issues can increase your risk of falling, including:

• Vision problems
• Age-related issues with balance and loss of strength in the lower body
• Reliance on medication that affects coordination and balance, such as tranquilizers, sedatives, antidepressants, and some over-the-counter drugs.

Factor 5: Age of the Person Walking

According to the Centers for Disease Control and Prevention (CDC), there are around three million emergency department visits related to falls by those over the age of 65 in the U.S. every year. Around one in four adults in this age group suffer a fall annually.

Unfortunately, older people are at a much higher risk of debilitating injury from falls. Even if the injuries sustained in falls themselves do not cause permanent issues, reduced mobility during the recovery period leads to an increased risk that victims will require long-term care or institutionalization.

Falls are common in nursing homes, particularly in facilities with negligent patient care practices. If you have a parent or older relative who has suffered an injury in a care home, you should speak with a lawyer who can tell you whether negligence may have been a factor in the incident.

Common Injuries in Slip and Fall Cases

Some of the most common injuries in slip and fall cases include:

• Back injuries: Spinal injuries can cause chronic pain, nerve damage, and paralysis in the most serious cases.
• Head injuries: These range from minor cuts and bruises to more severe traumatic brain injuries (TBIs), with symptoms including dizziness, nausea, headaches, memory loss, and cognitive impairment.
• Broken bones: Bones in the arms, wrists, hips, and legs commonly break in slip and fall accidents. These injuries can significantly limit mobility and require extensive recovery periods.
• Soft tissue injuries: Injuries such as sprains, strains, and bruises can result from falls, causing pain and limiting mobility. They may require physical therapy and rehabilitation.

Regardless of the type of injury you suffer, you shouldn’t have to shoulder the burden of the associated costs if the accident wasn’t your fault. Consult with a lawyer to discuss the possibility of recovering compensation.

Slip and Fall Victims May Have a Right to Recover Damages

Recovery of damages for a slip and fall injury is not always assured. One generally has to establish three principles:

• That the premises owner had a duty to exercise reasonable care in maintaining the site where the slip and fall occurred.
• That the premises owner breached that duty.
• That the breach was the proximate (or legal) cause of the resulting injury or injuries.

Skilled Legal Counsel is Generally a Key to Recovery in Slip and Fall Cases

In most cases, slip and fall victims find it impractical (if not impossible) to pursue claims on their own. Expert legal counsel is almost always required if you want to get the best possible chance of maximizing your compensation.

The attorneys at Neale & Fhima have provided skilled, aggressive, and sympathetic legal representation to injury victims for many years. Working out of Dana Point, Irvine, San Diego, and Los Angeles, our firm has a long and successful track record in representing persons who have sustained personal injury.

As a leading car crash attorney, Aaron Fhima has helped clients recover more than $40 million in damages. He is a tough negotiator and litigator. He is well-respected by judges and other attorneys in the Southern California legal community, and insurance companies know that he isn’t afraid to take his clients’ cases to trial.

Aaron has a long record of success in taking on large defense firms and in aggressively pursuing his clients’ interests. Aaron doesn’t hesitate to take cases to trial when necessary, in order to enforce his clients’ rights and to make sure that they receive just compensation.

As experienced accident claim lawyers often advise, you should recognize that there are time limits for filing slip and fall claims. Don’t delay. Request a free consultation by calling us at 1-888-407-2955 or completing our online form.