Slip and Fall Law And Injury

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Slip and fall accident

Slip and fall accidents are a personal injury and are one type of “fall down” accidents. There are four general types of fall accidents:
•    Trip-and-fall accidents, where there is a foreign object in the walking path
•    Stump-and-fall accidents, where there is an impediment in the walking surface
•    Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface, and
•    Slip-and-fall accidents , in which the interface of the shoe and the floor fails

Cause of Slip-and-Fall Injuries

At some point in life, most people have slipped or fallen to the ground. Most slip-and-fall injuries are caused by a sudden or unexpected change in the walking surface. An accident can occur if we are not previously aware of a change in the surface making us unable to change our behavior to avoid the fall. When a fall is caused by the carelessness of another person, then the fall can be cause for a slip-and-fall claim.
Slip and fall accidents are very common types of accidents people face now a days dues to negligence of someone else. A simple slip can cause into very serious injury such as back injuries, broken bones, head injuries or paralysis, etc. Many slips happen at working environment due to poor health and safety environment. Slips are common at public places also where someone have walked on wet surface, oil or other slippery material on floor. Ice and snow are some other reason for slip at public places. In working place is someone not cleaned some liquid split on ground properly, a simple mistake like this could end up in someone else slipping and causing serious harm to them.
Tripping is another very common problem that people suffers as many people just accidentally get their feet caught on an object which causes them to fall and resulting into an injury. Tripping over electronic cord around the office or home is very common cause of accidents. Again in the working environment mostly employee leave objects in open which resultant into tripping for someone else accident.

Who is responsible for a slip and fall accident? The owner or the person injured?
Both the owner as well as the injured person can be held to varying degrees of responsibility for an injury. As at work place all health and safety regulations need to be taken seriously and acted upon and every employee should ensure they are sticking to them. And at home environment one should be careful of all the possible hazards. Children leave toys all around the house which could cause a serious trip. Also frayed carpets are another potential hazard. So it’s the owner’s responsibility to keep property safe. And each person has a duty to watch where they are going, as well as realize that there are things that fall or spill onto walking surfaces.

What is “comparative negligence?”
Comparative negligence relates to your own responsibility in the accident, in comparison to the property owners’ responsibility. A court will establish a percentage of liability for each party. The percentage of liability determines the percentage of the resulting damages each party must pay.

What is a hazardous condition? And who is responsible for it?

A “hazardous conditions” are the situations where there a circumstance for injury. These conditions can be permanent (such as a broken stair or broken chair) or temporary (as in the case of oil on the floor). Property owners are often responsible for permanent conditions, because they should have known care of the situation. But injuries that occur due to temporary conditions they may not have had knowledge of may not be their responsibility. Often time becomes a factor in temporary hazards: did the owner have enough opportunity to realize the situation and correct it?

Does an accident report have to be filled out at the time of the fall?
Ideally, an accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information. The requirement for a report is generally a store or business policy, rather than mandated by law.
If a report is not completed at the business location or occurred at private location or was not observed by others, compile a record of what happened yourself. Include information such as:
•    A description of the circumstances
•    Who was present
•    The comments made by those who saw or helped after the fall
If possible, take photos of the area. If you were physically hurt, have your injury checked out immediately to help substantiate your claim.

Am I able to sue my employer for my fall?
Generally, you cannot sue your employer if you fall at work. Injuries sustained at work are covered under your state’s workers’ comp laws.

What compensation might I be eligible for?
Compensation for a slip and fall accident is similar to all personal injury claims. Recovery includes:
•    Medical bills
•    Wage loss
•    Pain and suffering
•    Potential future medical expenses

NOTE:

When you are out or at office in general it is important to be aware of the situations around you. Unfortunately, there are situations where you may not be aware of the dangers. Which can resultant in a slip or fall accident. If something like that happened, you suffer from a slip and fall injury, seek medical attention immediately. And if you feel like you have a case to register or you someone else negligence is responsible for you injury does register a claim and contact a personal injury lawyer or attorney. OR Michigan people can ask for further queries to Hirsch Law Firm, Michigan slip and fall Lawyer



Source by jonathan

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