Winter Is A Popular Season For Slip And Fall Lawyers
Ice, snow and sleet are recipes for disaster when it comes to safety during winter months
, and staying on two feet can be a challenge for people of any age when these conditions are present. This is why its important to understand slip and fall lawsuits, and how serious these accidents can be.
Slipping and falling, especially in icy conditions, can cause severe injury and sometimes even death. In 2009, 212,760 work-related injury cases involved falls, according to the Bureau of Labor and Statistics. In addition, in 2006 there were 52 fatal injuries from a fall due to a floor, walkway or surface.
Those numbers dont even include the falls that happened outside of the workplace. In some instances people will slip and fall on someone elses property, or at a business. Regardless, people who have suffered significant injuries from slipping and falling could potentially be compensated, depending on the following circumstances:
Circumstances that warrant a lawsuit:
The owner of the property or business has caused the spill, or was responsible for creating the slippery or dangerous surface that created the fall. For example throwing water out on the sidewalk on a cold day, letting a hose or water run on a driveway during winter etc.
The owner knew about the dangerous surface, such as ice on the steps or snow piled in front of the door, and did nothing about it, when he or she realized that it was dangerous.
The owner of the property or business should have known about the problem, and it can be proven that another reasonable person would have discovered it and repaired it or fixed it.
Circumstances that do NOT warrant a lawsuit:
The conditions, or surface, where the fall took place were naturally occurring conditions. This would include a natural slop to the surface of the ground, a drainage grate or a manhole
The natural conditions were those in which the property or business owner could not possibly have prevented or kept under control at all times. This would include a sidewalk during a rainstorm or snow showers.
The fall was due to the pedestrian not paying attention or being distracted.
There can be a fine line as to whether the circumstances that caused a slip and fall accident warrant a lawsuit, therefore, someone looking to file a lawsuit based on a slip and fall accident should seek the help of an attorney.
A personal injury attorney or slip and fall lawyer would be able to handle this type of lawsuit and help the victim decide if another person is to blame for their fall and injuries. Personal injury attorneys are familiar with their states procedures and are also familiar with workplace laws and the types of insurance workplaces already provide for slip and fall accidents.
Although slip and fall lawyers can help provide compensation for an accident that was the fault of another, the best way to handle slip and fall lawsuits is to avoid them, especially during the winter. Property owners should maintain the safety of their property during the winter; shovel snow off of stairs, walkways and driveways and make it a habit to check the property for potential hazards. Pedestrians should be mindful of weather conditions and pay attention to where they are walking, limiting distractions in hazardous conditions.
by: Douglas Brannon
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