Imagine yourself at your favorite restaurant, having your absolute favorite burger with your friends and family. Now imagine that you go to the restroom and on your way back to your seat (to enjoy some delicious dessert) you suddenly slip on the floor and fall on your back. You don’t think of it much, except for the stares and occasional giggles you get from people on your way back to your seat. You feel a little uncomfortable in your lower back but you ignore it or just put a heating pad on it before going to bed, not knowing that the next day you will not be able to even walk to your bathroom.
Falls are the leading cause for hospital emergency visits in the US, according to the National Floor Safety Institute, with over 8 million visits per year. People experience falls at work, at restaurants or even in or around their home. Slip/fall incidents can result in injuries that range from minor bruises to life threatening conditions such as traumatic brain and back injuries. In a lot of cases, the person who falls does not experience extreme pain at the time of the incident; the injuries can start manifesting themselves gradually. This can be the most dangerous kind of injury as it can get worse with time without the person feeling any substantial pain. Falls are very common amongst older people and can make them extremely dependent during and post recovery. But not all people above 65 are lucky to even survive the fall; for people aged 65-84 years, falls are the second leading cause of injury related to death in the US. Unfortunately, most people above 65 who have experienced a fall cannot live independently and therefore have to live in a nursing home (where 40% of admissions are due to a fall). This can translate into high medical costs for seniors and their families.
The Post Ouch! Plan
If you or a loved one has experienced a slip/fall accident in a public place, you may have grounds to seek compensation for your injuries and/or loss of income under a premises liability claim. But it isn’t that easy.
Slips/falls are very sudden and happen within seconds, which means that a person might forget important details about how, exactly where, and when they fell (which are extremely essential for making a strong case against the defendant). Moreover, every state has different statutes of limitation for premises liability and personal injury lawsuits that apply to various situations. For instance, if you are someone who was invited to a property and then experienced a fall, the law would treat you in a certain way but the same would not apply to a trespasser or a person who entered the property for his or her own purpose (like business). Therefore, if you have experienced a slip/fall and feel that you deserve compensation from the person/entity responsible for the premises, it is highly recommended that you hire a legal representative, within two years of the incident, who can review your case and advise you on the best path forward. Your legal representative can collect evidence; engage with medical experts and witnesses to determine the cause of your accident and the extent of your injury and its cost to you.
If you think you or a loved one has experienced serious injury due to a slip and fall incident in a rented property, workplace or a public place like a restaurant, you may have grounds to file a premises liability claim against a negligent property owner. Contact a premises liability attorney at Atkins and Markoff to discuss your case. Our attorneys have recovered more than $75 million across a wide range of personal injury cases, including premises liability claims. We are dedicated to utilizing all the resources at our disposal to get you the compensation you deserve. Contact us today for a consultation!