What You Need to Know Following a Slip and Fall Resulting in Injury
Slips and falls are a major cause of injury which can lead to fractures, sprains, head trauma, and more. A slip and fall accident can happen anywhere, but when it happens on a commercial property, the standard of care changes.
Falls often result from:
- Wet surfaces
- Loose carpeting
- Stairs of uneven rise
- Poor lighting
- The presence of loose objects
- Unexpected dangers
And if any of these conditions appear on a commercial property, it is the occupier's responsibility to address them and keep the premises safe, as they owe a duty of care to any person who is on the property.
Determining whether negligence-a breach of the duty to make the premises safe-has occurred involves a very specific analysis of the circumstances. Therefore, it is extremely important for the person who has suffered the slip or fall to take notes on what occurred and, if possible, photographs.
These cases are often decided by expert evidence which will show how the premises did not meet the expected norms of maintenance. A series of elements are taken into consideration:
- Is there a system of inspection in place?
- Was that inspection done properly?
- Is there a system of appropriate maintenance?
- Was it maintained?
- Was there any warning of hazardous conditions?
The success of a slip and fall case will often depend upon medical examinations, eyewitness testimony, photographs, maintenance logs, or other documentary evidence. Preservation of this information is extremely important if the case involves a transient condition such as a spill or ice. Other, more permanent, defects in premises (such as deficient construction leading to an uneven surface) can be inspected by an engineer.
The injured person usually has the right to recover compensation for:
- Pain and suffering
- Loss of the enjoyment of life
- Loss of the amenities of life
- All income losses and compensation for any losses of earning capacity, including loss of future income, loss of financial opportunity, and competitive advantages
- Loss of housekeeping and home maintenance capacity, including any associated expenses
- Past and future medical expenses
- Rehabilitation and care costs
- Any other out of pocket expenses
Additionally, spouses and other family members are also able to claim their losses for providing care of the injured party, as well as compensation for provision of services caused by the injury and any other financial losses.
Meeting with a personal injury lawyer as soon as the injured party is able to will often increase the chances of compensation for the injury suffered. If you believe you slipped and fell on a property due to the negligence of the occupier, do not hesitate to make a consultation appointment to discuss your options.