Slip and fall accidents are one of the most common causes for premises liability lawsuits. Slip and fall accidents can happen anywhere from your home to the store where you shop. If you are the victim of a slip and fall accident, it is strongly advised that you talk to a personal injury attorney as soon as possible.
Slip and Fall Accidents
Both the victim and the property owner can be held to different degrees of responsibility for a slip and fall accident. A personal injury attorney can explain the law and what documents are needed to file a lawsuit for your injuries.
Over 16,000 Americans are affected by slips and falls every year. These accidents are very common in the workplace and can lead to bone fractures, brain injuries, and even death. Serious injuries often lead to a lawsuit to recover damages. According to the Occupational Health and Safety Act of 1970, employers have the responsibility to provide a safe workplace for all of their employees.
Slip and Fall Fatalities
Many of the reported fatalities from slip and fall accidents have involved construction workers that did not have proper safety harnesses. Another construction worker was fatally wounded due to the collapse of a concrete wall. Another worker at a processing plant was killed after falling from an unguarded work platform.
Slip and fall accidents are a major source of injury. They often cause permanent disability and death in elderly victims. It has been estimated that 11,000 senior citizens are killed from slips and falls each year. These cases may involve more than premises liability, but could also bring nursing home abuse into question.
Determining Liability for Slip and Fall Accidents
To be legally responsible for an injury you suffered from slipping or falling on someone else’s property, the owner of the property or an employee of the owner:
- Must have caused a spill, worn or torn spot, or other slippery surface
- Must have known of the dangerous surface and did nothing about it
- Should have known of the dangerous surface because a “reasonable person” caring for the property would have removed or repaired the spot
The last situation is the most common. It is also the most difficult to try because the slip and fall law has to determine whether the owner of the property was careful enough and took the correct steps to keep the property safe.
For example, if a spill occurred right before an accident, the property owner might not be liable. However, if the spill was there for an extended length of time before the accident, then the property owner may be liable because there was a reasonable amount of time to clean up the mess.
How to Win a Slip and Fall Case
The burden of proof is usually on the injured person. There are several steps you can take that will give you the best chance of winning your case:
- Document the accident and injury
- Hire an experienced and skilled personal injury lawyer
- Prove a “link of causation” between your slip and fall accident and the injury it caused
- Establish a legal responsibility for the defendant
- Prove “control of premises” in the case
- Use expert witnesses, building plans, or other relevant documents
- Cite legal precedents
An experienced personal injury attorney will help to ensure that all of the proper steps are taken to assist you with your case.
Be Cautious and Prepare Your Property
Forecasters are predicting a very cold winter in the St. Louis area. Please use caution when you are walking on wet, icy or snowy surfaces, and prepare your property to prevent injury to others.
If you have been injured in a slip or fall accident, CONTACT the attorneys at
The Lieser Law Firm today.