Proving Fault In Slip and Fall Accidents
A and can happen just about anywhere and at any time. The victim may suffer serious injuries as a result of the of another person. According to the Centers for Disease Control and Prevention (CDC) , more than 800,000 people are hospitalized every year due to a . These people experience severe body harm in the form of head injuries or hip fractures. The CDC also reports that between 2007 to 2016, death rates increased by 30% in the United States. If this trend continues, it may lead to an average of 7 deaths every hour by 2030. If you suffered injuries due to a and resulting from someone else’s or a , learn how a Minnesota and by calling Tyroler Law at 651-259-1113. An experienced and will help you understand how to prove fault in your .
What Is a and ?
are one of the most widely reported types of accidents in the United States. Many times, these types of accidents can lead to serious such as , , , a , or even death.
A and falls under the category of a ‘‘ claim. A is a concept under the law that imposes a duty on a or manager to ensure that the property is maintained in a reasonably safe condition for the visitors. This means that the owners or managers should regularly check and repair damages in their property and ensure that there is no evident or perceptible danger lurking on their property.
For example, a restaurant owner has the duty to ensure that the restaurant premises are maintained in a reasonably safe condition at all times. If a customer or a restaurant employee falls due to a such as a broken staircase, frayed carpeting, loose tile, or a poorly-maintained parking lot and suffers any kind of , the owner may be liable for . Similarly, if an employee trips and falls due to a wet surface area in the office, the employer may be liable if proper warning signs were not present, or the employer simply failed to correct the hazardous area in a timely manner.
and Statistics
According to the National Floor Safety Institute (NFSI) :
- represent the primary cause of lost days from work.
- accidents resulting in 8 million emergency hospital visits each year.
- Floors and flooring materials have a direct contribution to over 2 million falls each year.
- 50% of the accidental deaths at home are caused due to accidents.
- Elderly people, aged 65 or above, are the most affected group.
Further, the CDC reports these important facts related to :
- accidents are the most common reason for traumatic brain injuries.
- accidents cause more than 95% of hip fractures.
- On average, a and costs more than $30,000 in hospital costs.
- Conditions such as vitamin D deficiency, lower vision, foot pain, poor footwear, home dangers such as broken stairs or clutter are a few routine risk factors that contribute to .
How to Prove Fault in a and ?
A and can occur at a shop, business, workplace, or even a friend’s home. For example, a routine visit to a shop may lead to a and if the escalators were broken, or there were dangerous conditions in the shop due to the failure to clean or repair a hazardous section of the store. In many cases, and injuries are the result of the of another person or entity.
Four Factors to Prove Fault
In order to prove that a and was the result of another person or entity’s , the following four factors must be proved:
- There was a duty of care owed to the victim.
- There was a breach of such duty or a failure to exercise .
- The injuries caused were a direct result of such .
- There are actual injuries as a result of the breach of the duty of care.
For example, a retail store that is undertaking floor polishing to renew its premises has a duty to put a clear warning sign at the area where the polishing liquid might be spilled on the floor. If a business fails to do and as a result, a customer slips and falls, the store owner can be held liable for any resulting injuries or losses. On the other hand, if a clear warning sign was put in place by the retail store and the customer ignored such a sign, then proving fault may become more challenging.
Challenges Regarding Proving Fault in and Cases
Sometimes, even though the or manager may have breached their duty to take , it might be legally challenging as they might claim that they were not aware of the lurking danger, or the happened immediately after the occurred leaving them with no time to correct the dangerous area. Further, sometimes the owner may also claim that the victim suffered injuries due to their own fault. In such cases, it becomes important to consider and evaluate the different factors involved in the from a legal viewpoint to prove fault in a and . Proving fault in a and can be a legally complex process. Contact a today at Tyroler Law at 651-259-1113 to help you evaluate your case.
What Kind of Can I Receive for my and ?
Every and will have different facts and circumstances. However, a victim of a and may have the ability to recover for the following economic and non-economic losses:
- Hospital and
- Lost Wages
- Future medical costs
- Loss of future earning capacity
- Pain and suffering
Steps To Take After Your and
If you experienced a and , consider taking the following steps immediately:
- Seek medical help and receive a medical evaluation to determine if you suffered internal bodily injuries that might not show symptoms immediately.
- Preserve all records of your hospital bills, leave from work, and other -related expenses.
- Preserve documentation related to the including the time, place, and venue of the , how the happened, and take pictures if possible.
- Communicate to the premises owner or manager regarding your and in writing.
- Do not settle with your or make any statements to them without first fully evaluating and understanding all your legal options and rights.
Learn How an Experienced Minnesota Can Help You
Proving fault in a and can be complicated as it involves evaluating a multitude of factors. The evidence must be compiled in a way that proves the of the or manager. If you suffered injuries as a result of a and , consider contacting an experienced about your by calling Tyroler Law at 651-259-1113 to learn how a Minnesota and can help you learn about your legal rights and understand how you may prove fault in a and .
Attorney Isaac Tyroler
Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]
