Slip and Fall Injuries
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What is a “slip and fall” injury?
What to do after a slip and fall injury?
What are common injuries from slip and fall?
What are common causes of slip and fall?
Slip and fall at a residential property?
Slip and fall at a commercial property?
Slip and fall at a governmental property?
Slip and fall on workplace property?
Why do I need a slip and fall attorney?
Why we are successful - Our qualifications
Slip and fall accidents are everyday occurrences and can happen
to anyone. Although slip and falls may appear to be minor, they
can result in very serious injuries. Slip and falls can happen
anywhere and numerous people may be held responsible for resulting
injuries. Determining who is liable for your injuries is part
of an area of law known as “premises liability.” Typically
the owner or renter of the premises where your slip and fall
took place is liable for your accident. It is important for you
to be aware of all of your options after a slip and fall. You
may be entitled to compensation for medical bills, lost wages
and pain and suffering.
If you’ve been injured in a slip and fall accident in your
local supermarket, mall or other place of business, the right
personal injury lawyer can make certain that you recover the
maximum benefits you deserve under the law. Please feel free
to call us or drop by any of our fourteen locations if you have
any questions regarding your slip and fall claim, let’s
get together for a free consultation. Tell the insurance companies
you mean business, let one of our personal injury attorneys get
to work for you now!
What is a “slip and fall injury”?
A "slip and fall" is the generic term used by lawyers
for an injury that occurs when someone slips, trips or falls
as a result of a dangerous or hazardous condition on someone
else's property. Slip and falls can occur at any time and in
any place, such as a sidewalk, grocery store aisle, city park
or a friend’s house. There are four general types or categories
of slip and fall cases. 1. Trip and fall = Foreign object in a normally clear walkway.
(Example: cardboard boxes in a grocery store aisle)
2. Stump and fall = An impediment or obstruction causes a person
to stumble when walking. (Example: stumbling on a misaligned
sidewalk)
3. Step and fall = There is a hole, crack or other foundational
failure in the walking surface. (Example: an uncovered manhole
on a city sidewalk)
4. Slip and fall = The meeting of the shoe’s sole and floor
surface fails because of a slippery substance or surface. (Example:
slipping on spilled paint at the hardware store)
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back to top What to do after a slip and fall injury?
1. Take pictures of the surface and area where you fell. It
is important to document or record the condition of the floor
at the time of your fall.
2. Take pictures of any rugs, mats or other safety items around
the area. If there were not any safety items also take a photograph
to show the lack of safety items.
3. Take pictures of any warning signs that were in or near the
area where you fell.
4. Take pictures of any visible injury you have suffered as
a result of the fall.
5. Take pictures of your shoes and clothes immediately after
the accident.
6. If the item that you slipped on is non-perishable, save a
sample in a safe place where it will not be lost. If the item
is perishable, i.e. vegetables, or fruit, try to preserve the
item in a liquid chemical preservative or in a freezer.
7. Look for potential witnesses to your slip and fall. Take
their name, address and telephone number. If you do not find
any witnesses at the time of your fall, return to the accident
site at the same time the accident occurred on a different day.
Some people may have the habit of visiting the accident site,
daily.
8. After initially speaking with witnesses, do not contact them
again or take any statements. Give their contact information
to your attorney, so the attorney can contact them if necessary.
9. If possible, do not leave the scene of the accident without
filing an accident report with the manager, owner, employee
or other person. Make sure the accident report is filled out
in your presence and that you receive your own copy of the
completed report.
10. Go to the emergency room or see your primary care physician
immediately if you are in any pain whatsoever. Tell the doctor
about every area of your body where you are experiencing pain.
11. Do not wash your clothing from the accident.
Do not wear them again, but save them and keep them where you
will not lose
them. Do not wear your shoes again, save them in a sealed plastic
bag and keep them where you will not lose them.
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back to top What are common injuries from slip
and fall?
Slip and falls can cause both minor and major
injuries. Every year over 1,000,000 accidents are the result
of slip and
falls.
Injuries include broken or fractured
bones, spinal cord injuries, head and brain injuries, paralysis, permanent
disability and death. If any injuries or pain is apparent immediately after
the slip and fall, you should make sure it is included in the accident report.
Do not hesitate to go to the emergency room or contact your primary care physician
if you feel any pain or have suffered any injury. It is important that all
of your injuries resulting from the slip and fall are documented in your medical
records.
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back to top What are common causes of slip
and fall injuries?
Slip and fall injuries are
often the result of dangerous or hazardous conditions. Examples of such conditions
include:
- Lack of lighting or poor lighting
- Slippery substances on walking
surfaces (ex: oil, grease, ice, snow)
- Failure to warn or repair
a dangerous/hazardous condition
- Inadequate or lack of safety
feature (ex: handrails)
- Uneven or cracked walking surfaces
- Holes or other gaps in
walking surfaces
Such conditions can be temporary
or permanent. Permanent conditions are when the property owner knew of the
condition or should have known about it.
Temporary conditions are somewhat different. It matters how long the condition
has
existed. If the condition appeared right before the slip and fall occurred,
then there may
not have been enough time for the property owner to become aware of it
and fix it. If the dangerous condition existed for a sufficient period
of time,
the owner should have had enough time to discover the dangerous condition.
Property owners are responsible for fixing or repairing any dangerous
or hazardous conditions.
To fill out a confidential form, CLICK
HERE
back to top Slip and fall at a residential property?
If
you or a loved one have been injured in a slip and fall at a
residential property, you may want to speak with an attorney
who is experienced in
handling slip and fall claims. The parties responsible for slip and falls
on residential properties are the owners of the property. If
the property is rented, the landlord
may
be responsible
for the slip and fall if it occurred in an area where the landlord had
control over and was required to maintain. The owner of the property
is responsible
for general maintenance of their property, including repairing or eliminating
any dangerous conditions. Typically, homeowner’s insurance will
provide coverage for a homeowner if any party is injured on their property.
A homeowner may not always be liable for a slip and fall on a residential
property. They may not be liable to trespassers and unwanted guests (i.e.
burglars) because
they are not invited guests on the property. However, children are an
exception to the rule because children are unable to perceive danger
in the same
way as adults. For example, a homeowner would be liable if a child, trespassed
on their property to use the homeowner’s pool, and was injured in a slip
and fall. Homeowners may also not be liable depending on the guest’s
behavior. The behavior of the homeowner and guests are measured by the standard
of a reasonable person. The reasonable person standard is a hypothetical person
who exercises caution and restraint in their behavior. For example, a homeowner
is not likely to be liable to a guest who goes down the stairs in rollerblades
and is injured. However, if a dangerous condition exists, a homeowner has a
duty to fix it or warn guests of the condition’s existence.
If you have been injured in a residential slip and fall, the Law Offices
of d’Oliveira and Associates, P.C., can help you receive all of
the compensation you deserve. Give us a call for a free consultation
and remember you pay no
legal fees unless a settlement is made on your behalf.
To fill out a
confidential form, CLICK
HERE
back to top Slip and fall at a commercial property?
If you
or a loved one have been injured in a slip and fall at a commercial
property, you may want to speak with an attorney
who is experienced in handling
slip and fall claims.
Multiple parties may be responsible for slip and falls on commercial properties.
The owner, renter or managing company of the premises may all be liable parties.
Commercial properties include stores, restaurants, hotels and other businesses.
With commercial properties, a party can be liable because they caused the
condition, they knew about the condition and did nothing about it or they
should have
known about the condition had they taken reasonable care of the property.
Business owners/renters owe a certain duty of care to the public. All members
of the public are invited guests onto the premises. Business owners have
duties and obligations to the public that their business is safe and defect
free.
If you have been injured in a commercial slip and fall, the Law Offices of
d’Oliveira and Associates, P.C., can help you receive all of the compensation
you deserve. Give us a call for a free consultation and remember you pay
no legal fees unless a settlement is made on your behalf.
To fill out a confidential form, CLICK
HERE
back to top Slip and fall at a governmental property?
If
you or a loved one have been injured in a slip and fall at a
governmental property, you may want to speak with an attorney
who is experienced in handling slip and fall claims.
Slip and falls on governmental property, such as a city sidewalk
or public park are different than a more traditional slip and
fall. Slip and fall cases
against local, state or federal governments are covered by the Federal Tort
Claims Act or similar state tort claims acts. Usually a claim against the government
is time sensitive, meaning a claim or notice to file a lawsuit must be made
soon after the slip and fall occurred. The time limit may be as short as 60
days from the time of the slip and fall.
The government has more legal protection from slip and fall liability when
compared to home or business owners. The government must have been aware of
the dangerous condition in order to be held liable for your slip and fall injuries.
Whereas, homeowners and business owners do not have to be aware of the dangerous
condition and can still be held liable. In addition, governments often have
some form of immunity, which makes it harder to hold them responsible for your
slip and fall. Because of these complex issues, after you have experienced
a slip and fall, you need to contact an attorney who is experienced in such
matters.
If you have been injured in a governmental slip and fall, the Law Offices of
d’Oliveira and Associates, P.C., can help you receive all of the compensation
you deserve. Give us a call for a free consultation and remember you pay no
legal fees unless a settlement is made on your behalf.
To fill out a confidential form, CLICK
HERE
back to top
Slip and fall on workplace property?
Slip and fall accidents are one of the leading causes of workplace
injuries. However, most workplace injuries are covered under
workers’ compensation
or workplace injury laws. Usually you cannot sue your employer for any slip
and fall injuries at work and are only entitled to recover under the workers’ compensation
plan. If a third party is responsible for the dangerous or hazardous condition
at your workplace, you may have a claim against the third party.
If you have been injured in a workplace slip and fall, the Law Offices of
d’Oliveira and Associates, P.C. can help you determine whether you have
a case against your employer. Give us a call for a free consultation and remember
you pay no legal fees unless a settlement is made on your behalf.
To fill out a confidential form, CLICK
HERE
back to top Why do I need a slip and fall attorney?
You
need a slip and fall attorney to help you pursue your claim.
As an injured party you are entitled to receive compensation
for medical bills, lost wages
and pain and suffering. There is a general perception that people who are injured
in slip and falls are clumsy or not paying attention and that they are at fault
for their injuries. When in fact, the opposite is true; most slip and fall
accidents are the result of someone else’s negligence.
Slip and fall injuries are often created by dangerous or hazardous conditions.
These conditions can be obvious or hidden, temporary or permanent. Regardless,
property owners are responsible for proper care and maintenance of their property,
including fixing or removing any dangerous or hazardous conditions.
If you
have been the victim of a slip and fall accident, you should consider contacting
an attorney who specializes in slip and fall cases. The attorneys of d'Oliveira & Associates,
P.C., would like to meet with you and discuss the investigation of your injury.
Our law firm has represented and assisted numerous slip and fall victims
in bringing lawsuits against owners and insurance companies alike. We never
charge
our clients any fees or expenses unless we are successful.
To fill out a confidential form, CLICK
HERE
back to top Why
We Are Successful? – Our Qualifications
Attorney Paul d'Oliveira
and his associate attorneys have settled thousands of personal
injury cases over the past nineteen (19)
years. With our help,
you can receive compensation for medical expenses, lost wages, pain and suffering
and wrongful death, resulting from slip and falls. Our experience and prior
track record at d’Oliveira & Associates provide us with the best
qualifications to handle your slip and fall.
To fill out a confidential form, CLICK
HERE.
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