Posted in Slip & Fall Accidents on January 9, 2020
The National Center for Injury Prevention and Control, a division of the United States Centers for Disease Control and Prevention (CDC), reports that unintentional falls are the leading cause of nonfatal injury in Americans of all ages except for the 10-24-year-old group. For this group, unintentional falls are the second leading cause of nonfatal injury.
Sometimes, accidents are truly unavoidable, and there is nothing anyone could have done to prevent them. In other cases, they fall into the category of preventable accident, which includes most slip and falls. Personal and business property owners are responsible for doing everything they can to make sure others are safe on their property and, when they fail to do so, victims can often recover compensation for their losses.
If someone failed to take action to prevent your slip and fall accident and you were injured, you need an experienced New Orleans slip and fall attorney to help you obtain the compensation you deserve.
Slip and fall injuries can happen nearly anywhere and under a variety of circumstances. No one is immune to a slip and fall injury, and, whether you realize it or not, you rely on other property owners and caretakers to keep their property safe to avoid falling. Being aware of the most common causes of slip and fall incidents can help everyone avoid the injuries that can ensue and can help property owners know what to be cautious about. If you do suffer a slip and fall injury, it is a good idea to speak with a seasoned slip and fall attorney in New Orleans who can tell you if you have a legal claim.
The National Floor Safety Institute reports that hazardous surfaces cause 55 percent of all slip and fall accidents. Specific conditions that may cause can cause serious, injury-causing falls include:
Business owners and other property owners are responsible for making any necessary repairs, keeping visitors away from the area by taping it off or putting up barriers, or placing signs to warn people of the danger. If a reasonable property owner would have been aware of the hazard and a business owner was not aware or was aware and did nothing, they could be held potentially liable for any injuries by a New Orleans slip and fall lawyer.
Rain, ice, and other weather conditions can cause slip and fall injuries both indoors and outdoors. Of course, the weather is often unpredictable but property owners are still responsible for shoveling sidewalks, putting salt down on steps and other walkways, and plowing streets, parking lots, or driveways. Failing to do so can result in legal liability in the event of an injury-causing slip and fall accident.
Many slip and fall incidents happen at work. Some jobs, such as those in the manufacturing or construction industries, demand that employees walk and work on narrow pathways, slick surfaces, or other hazardous conditions that could cause a fall. Their employers should make the time and effort to adequately train their employees on how to work safely in these conditions.
According to The National Floor Safety Institute, 24 percent of slip and falls are attributed to inappropriate footwear. While improper footwear may bring to mind high heels, even tennis shoes and boots can have poor traction, making it more likely that you will slip and fall. However, this still does not relieve property owners of their duty of care to keep their property safe. Even if you were not wearing footwear with proper traction, you can still recover compensation for your injuries.
Sadly, some slip and fall cases are caused by negligent care within nursing homes or other facilities that provide long-term care. Seniors are already at an increased risk for falls, and when nursing home staff do not provide the right environment or supervision, falls are likely to happen. The nursing home and its staff are liable for these falls. If your elderly loved one fell in a nursing home, a slip and fall attorney in New Orleans can review the circumstances and help you seek justice on their behalf.
To have a successful slip and fall injury claim, you or your slip and fall lawyer in New Orleans will need to show the following elements in your case:
By working with a knowledgeable New Orleans slip and fall attorney, you can have a strong case that establishes each of these elements.
Slip and fall cases are often problematic, and whether victims can recover depends on a number of circumstances. In addition, the duty of care owed by the property owner can vary based on the location of your slip and fall incident. There are diverse legal standards that apply for businesses, publicly owned property, and non-commercial privately-owned property.
Another challenge with slip and falls cases is that there are many fraudulent claims. Because of this, insurance companies and lawyers for the defense thoroughly examine your claim for fraud. Due to the complicated nature of these cases, it’s in your best interested to contact an experienced slip and fall attorney in New Orleans immediately after an accident.