Common Areas for Accidents
The most common kinds of accidents are at work, businesses, and public areas. Injuries from slips and falls may be very severe. Injuries of the head or back, and maybe fractures are possible. The worst ones can lead to paralysis and death.
Sidewalk accidents can be claimed but this kind of mishap is difficult to claim in many instances. For example, if a person falls walking down a sidewalk it’s difficult to decide who should be charged for the claim of injuries.
Slip and fall accidents, personal or not?
Slipping on a wet surface is the most common kind of slip and fall accident. Falling or dripping water or other liquids on the floor or ground is normal in a day to day life for some businesses. Hence, the landowner cannot always be held accountable for such accidents. It is the duty of each and every person to be cautious and to be safe from harm.
Slip And Fall Accidents – Do They Lead To Liability?
The Occupational Safety and Health Administration (OSHA) estimates that slip trip and fall accidents account for 15% of all accidental deaths in the United States, which puts them in second place behind car accidents. The good news is that, in many cases, the person or business who owns or manages the land that a person slips and falls on is legally responsible for preventing those kinds of accidents.
If they fail to uphold this legal duty and someone gets hurt, they could expose themselves to liability. Each case is different. The owner cannot always be held responsible for every problem or accident. If the property landlord should be accused, it’s under the following conditions:
* Have been behind the cause that resulted in the spill, or any other slippery and injurious surface.
* Having known about the dangers of negligence but did not do anything to stop or control the dangers of a possible accident.
The law judges if the owner or the occupier was concerned and took steps to maintain the property and prevent the occurrence of such accidents.
Common Measures To Prevent Slip And Fall Accidents
Wear and tear or floor accidents are unavoidable events but they can be controlled. This duty can be assigned to a specific person who will be held responsible if anything happens because of negligence or lack of maintenance. A business owner must make the effort to regularly repair and clean the property so that there won’t be any injuries or casualties to customers.
The law doesn’t mention that you must take care of your property, but efforts must be made to maintain the property. An owner who looks after his property is is less prone to be determined to be at fault than the one who doesn’t look after his property with regular maintenance. However, you can always mention the fact that the owner could have been careful and reasonable if you’re a victim.
How To Know If The Owner Is Responsible?
There are some important questions that should be asked to clarify whether the owner is responsible or not:
- If a torn carpet or broken floor was the cause of the accident you need to see whether the area was like that for a lengthy period of time and that the owner should have known earlier about the situation.
- You fell due to something placed on the floor. Was there a valid reason to place the object at that place?
- Did improper or insufficient lighting cause the problem?
Some Steps To Take After Slip And Fall Accidents;
* Seek medical help if you’re hurt so the injuries can be recorded. Medical records are helpful when making a claim.
* If you encounter the accident you should let the manager or owner know so that it can be looked after. Preferably you should get a written statement before leaving the area where the incident happened. It should be signed by any of the said individuals.
* Contact information of any witnesses is also important as the articulation could help to present your point and get your just compensation.
* Don’t be indulged in any arguments with a property owner. Don’t blame anyone nor do take the blame from anyone.
* If you want to take legal action consider hiring a professional attorney who has the experience and knowledge of handling such cases. You will get the help to get the compensation that you deserve.
Compensation in a slip and fall
The compensation for causalities will be based on the intensity of your injuries. Getting the right lawyer will make the necessary claims. He will also ensure you get the medical leave you deserve from work and all the other expenses that result from the accident. Take note of any damages that result from the mishap and take them into account while issuing a claim. It’s highly suggested that you consult with your lawyer on how to deal with all the expenses from slip and fall accidents.