If you suffered injuries in a slip and fall accident, consult a lawyer about whether or not you qualify to file a personal injury claim. In many instances, victims can pursue compensation for their losses by filing a claim or lawsuit against a property or business owner. Eligibility depends on the details surrounding the accident, the causes and contributing factors, and the presence of adequate proof of liability and damages.
If you reside in Upper Arlington or the surrounding areas, you can call a slip and fall lawyer at Bressman Law for a free consultation at 877-538-1116.
Common Causes of Slip and Fall Accidents
One common cause of slip and fall accidents is failing to pay attention to one’s surroundings, e.g., distraction or hurrying. Texting while walking, for example, is increasingly becoming a factor in trip and fall accidents.
Another category of causes for slip and fall accidents are workplace hazards, particularly in the fields of construction, transport and wholesale trade. In 2013, there were 229,190 work injury cases involving a slip, trip, and fall accident, according to the Bureau of Labor Statistics. Dangerous working conditions, poor practices, and carelessness and negligence at a worksite are some of the contributing factors.
But a slip and fall can occur anywhere, even when you’re paying attention and simply going about your business. Below are few of the most common causes of slip and fall injury claims.
- Spills that weren’t cleaned up
- Boxes, clutter, tools and merchandise lying about
- Slippery floors, e.g., mopped or tracked-in rain and snow
- Parking lots with ice and snow
- Shoddy stairways
- Loose carpeting
- High doorway thresholds
- Poorly lit stairwells or parking lots
- Rugs without slip protection
- Wires and cables
- Sidewalk cracks
- Unmarked manholes
Are you eligible to file a claim for compensation?
Not all slip and fall accidents warrant filing a claim. For example, if you fell in your own home or as a result of your own carelessness, you might be able to use your own health insurance but may not be able to hold another party liable.
If the accident wasn’t your fault or occurred on your premises, certain elements must be present in order to win a claim or lawsuit.
- Duty of care – First, there is the element of duty. The property owner owes you a reasonable duty of care. This is usually easily satisfied, as long as you weren’t on the property illegally.
- Breach of duty – The next element is breach of duty, or negligence. The owner must have known or should have known about the hazard that caused your accident and failed to do something about it.
- Causation – The third element, causation, means that you must be able to show a link between the property owner’s negligence and your accident. This can be difficult in slip and fall cases. Photos, video or eyewitnesses can back up your claim.
- Damages – Finally, you must demonstrate that you suffered actual, verifiable injuries in the accident. Hospital and doctor records and expert witness testimonies can help.
If you meet all these elements and are able to demonstrate your case effectively and thoroughly, you have a good chance at receiving a settlement or judgment for your damages, such as lost wages, medical bills, and pain and suffering. Your slip and fall lawyer will explain the necessary elements and steps in greater detail, as well as collect the evidence you need to substantiate your claim.
Get a Free Consultation with a Slip and Fall Lawyer in Upper Arlington
If you or your loved one suffered injuries in a slip and fall accident in or near Upper Arlington, attorney David Bressman can help. Bressman has devoted his entire career to helping injured victims get the compensation they need and deserve. Allow him to be your legal advisor and confidante in your time of need.
Contact Bressman Law today at 877-538-1116 to set up a free, no-obligation consultation.