Slip and falls can happen, and they can happen to anyone and at any time. They happen to be more common in the winter months thanks to wet, slippery, and icy conditions. These personal injuries are common in the elderly but can happen to anyone at any age. So, if you have been a victim of a slip and fall, what can you do?
What is a Slip & Fall
A slip and fall can lead to a personal injury case. When suffering injury from a slip and fall, you may require a premise liability lawsuit and could receive compensation since the owner of a location needs to exercise reasonable care to maintain the safety of the premises, like avoiding defective stairs and wet floor. It is necessary for owners to take precautions, communicate any unstable conditions, or be held legally accountable for any injuries from a slip and fall.
Causes of Slip & Fall
Nursing homes are a common place for slip and falls during the winter when conditions can become a safety hazard for slip and falls. You need to always be aware of your surroundings as the following could cause a slip and fall:
- Uneven pavement or stairs
- Loose flooring
- Irregular surfaces
- Slippery floors
- Insufficient lighting
- Hazardous winter conditions which may cause the flooring to be wet or icy
A slip and fall can lead to significant injury. In fact, injuries can be minor to severe and temporary to permanent. Common injuries suffered from a slip and fall include:
- Broken bones
- Neck and back injuries
- Internal injuries
- Head injuries
On top of physical injuries, emotional distress and financial burdens will likely arise from a slip and fall. Medical bills could pile up and you may have to miss work, causing you to lose out on wages. A lawsuit can help you receive compensation to help with these financial burdens and hold the person responsible accountable.
Who is Responsible for Slip and Falls?
Keep in mind that a property owner isn’t always held responsible for accidents that may happen from a slip and fall on their property. Every person has a responsibility to be aware of their surroundings and know where they are going. However, you could have a legal claim on your hands if there has been negligence, and the owner of the premises has been found responsible. This is why you should always seek legal advice right away to see if you do have a personal injury case to move forward with.
Steps to Filing a Claim
After you have been injured in a slip and fall, seek medical assistance right away and report the incident to the property. After that, be sure to speak with a personal injury attorney to review your options. To determine if there is a premise liability claim, report all of the facts to your attorney. The owner of the premises or an employee must have caused a spill, worn spot, or other hazard causing dangerous locations. There could also be a case if they have known about the issue and didn’t do anything about it, or if they didn’t know, but should have known. In the case that any reasonable person would be able to discover, remove, or repair the safety hazard, a reasonable negligence claim can be filed if it has been found that the defendant didn’t do their job to make regular efforts to keep a safe environment, the lack of preventative maintenance, or if the safety hazard has been there for a long time. Would a barrier or sign prevent the slip and fall? Perhaps poor lighting was the cause. Then, you must explore the options of a personal injury lawsuit. The defendant file this within the statute of limitations. In the state of Pennsylvania, you must bring a slip and fall claim forward within 2 years of the incident. Remember the case may take some time, so remain patient. Work with an honest, skilled, and experienced lawyer, who will be able to get the case rolling and solved as quickly as possible with the outcome you deserve.
Types of Slip and Falls
When filing a personal injury claim from a slip and fall, be aware of the different types.
Trip & Fall Accidents
Trip and fall accidents occur when you trip and fall due to an obstacle in the way. All areas need to be clear of clutter, free from hazards, and safe.
Step & Fall Accidents
A step and fall accidents happen with an injury occurs from an uneven step or payment, causing you to lose balance and fall. This usually happens from cracks, broken stairs or pitted holes.
Stump & Fall Accidents
Stump and fall accidents happen when a walkway is defective, causing you to stumble and lose your balance.
Slip and falls can happen anywhere and are known to be a leading cause of death in the elderly. This is because slip and falls happen more often at nursing homes. This doesn’t mean you don’t have a case on your hands if it happened outside of a nursing home. This is especially true in winter conditions. The owner of the property still needs to be responsible for keeping premises safe, even in harsh winter weather. Whether it be by posting signs or keeping the area clear of snow and ice. If negligence has been found, you will have a strong case on your hands.
Edelstein Law Firm
At Edelstein Law Firm, we have a team of trusting lawyers that understand personal injury cases, especially slip and falls. They have the experience and skills to fight for you and get what you deserve, while holding the responsible party accountable. Edelstein Law Firm is known as the top Philadelphia personal injury lawyer for a reason.