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Slip and Fall Overview
Slip and Fall
Slip and fall, or trip and fall, incidents are a prevalent type of premises liability case, impacting millions each year. Reports indicate that about 9,000,000 such falls occur annually, which translates to approximately 25,000 falls per day. These incidents result in significant personal and economic impacts, including severe injuries, loss of employment, mobility issues, substantial medical bills, and long-term pain and suffering.
Special Considerations
Different laws apply to specific scenarios:
- Trespassers: Property owners owe a lesser duty to trespassers unless children are involved, where attractive nuisances like swimming pools may increase liability.
- Workplace Accidents: Typically covered by worker’s compensation unless the property is owned by a third party.
- Government Property: Claims must follow strict guidelines under federal or state tort claims acts.
Liability Factors
Liability in slip and fall cases typically arises from the property owner’s failure to maintain safe premises. Key reasons for liability can include:
- Foreign Objects on the Floor: Failure to remove objects that cause a slip or trip.
- Property Defects: Unrepaired defects like broken tiles or uneven flooring.
- Design and Maintenance: Poor design or maintenance leading to hazards.
- Warning of Danger: Failure to warn about known dangerous conditions.
- Environmental Conditions: Improper handling of ice, snow, or water removal.
Determining Liability
Liability is fact-specific and usually hinges on several considerations:
- Duration of Unsafe Condition: How long the hazard existed and whether the owner had time to address it.
- Adequacy of Repairs: Whether the steps taken to fix the hazard were appropriate.
Claimant’s Carelessness: Whether the injured party’s own negligence contributed to the fall.
Claim Evaluation
Determining the value of a slip and fall claim involves:
- Assessing injury severity.
- Evaluating economic losses.
- Analyzing liability issues.
- Considering trial location and any prior injuries.
Legal Representation
Given the complexity of slip and fall claims and the tactics used by insurance companies, retaining an experienced personal injury lawyer is crucial. A knowledgeable lawyer can negotiate effectively and, if necessary, litigate to secure fair compensation.
Contact Information
If you believe you have a slip and fall claim, contact the law firm of Atty. Vishay Singh for a free, private consultation. Click here to contact the firm.
Insurance Company Tactics
Insurance companies act swiftly to limit their liability. Immediately after a fall, they may:
- Take recorded statements.
- Examine the premises.
- Conduct tests and take photographs.
- Assess the injuries.
Their goal is often to settle quickly to avoid future expenses. However, settling too soon can lead to regret if injuries worsen over time. Accurate claim assessment should await a firm medical prognosis, often taking months.
Other Considerations for Claimants
Injured parties should be aware of reimbursement issues:
- Health Insurance: Health insurers might seek reimbursement from the settlement.
- Worker’s Compensation: Workers comp insurers may also seek reimbursement for paid benefits.
These reimbursement claims have significant limitations that need to be understood before agreeing to any settlement.
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