Unexpected wet floors with no signs, faulty equipment, and poorly maintained buildings are just a few causes of slip-and-fall accidents. Although the cause can be anything from wet floors to a dark parking lot, one result is guaranteed: it will hurt and will potentially cost thousands of dollars or more in medical bills to treat.
It is no surprise that the liable party responsible for the hazardous condition will be quick to deflect blame. They do not want to be held accountable for negligence.
The first step to finding justice is looking for the right slip-and-fall accident lawyer in Smyrna. With the support of the right legal team, you can bet that your case will have the highest possible chance of receiving the compensation it deserves.
When you choose to work with the CEO Lawyer Personal Injury Law Firm, you will receive top-quality service and legal guidance as we navigate the legal hoops with your case.
Call us today if you are ready to see how we can help. You may schedule your free initial consultation with a premises liability lawyer near you when you call (470) 323-8779 or contact us online.
Have You Experienced a Fall on Someone’s Property? Call a Smyrna Slip and Fall Accident Attorney
The National Floor and Safety Institute reports that slip and fall accidents account for more than 8 million ER visits annually across the US. The consequences of slip and fall accidents significantly impact their victims’ routines and ways of life, especially for older victims or those with existing bodily injuries and limitations.
They will face injuries that can last weeks or longer and have a long road to recovery to cure themselves of any pain.
Slip and fall accidents potentially lead to serious injuries that will take multiple doctor’s appointments, therapy sessions, and even surgery to heal from. These appointments take time, effort, and money to complete, something that few have the energy to move forward with.
When you work with an attorney who regularly handles slip-and-fall accidents, you can expect guidance as your case navigates the steps before receiving a payout. Whether settling with an insurance company or heading into the courthouse, your slip-and-fall attorney should be someone ready to fight for you, even when the other party attempts to pressure you to settle for less.
What Is a Slip and Fall Accident?
Slip and fall is a term used for a type of personal injury case where the victim was hurt on another’s property. Although these terms are used together, slip and fall have different meanings.
- Slips — Most slip and fall accidents happen because of a loss of traction. Slips happen when there is too little or no traction between the bottom of a shoe and the terrain on which the victim is standing. These accidents happen when the terrain is wet or slippery, covered in ice or sleet, and there is a loose substance like gravel. While there is a loss of traction, slips do not always lead to falls.
- Falls — It is not surprising when a slip turns into a fall, and the results can be painful. Falls happen when you are off your center of gravity, creating a loss of balance. They can also happen after a trip because of a loose rug, an unexpected obstacle, or an abrupt change in floor elevation. Many falls can occur due to improper safety design for a space, too, such as when a guard rail is missing or loose. Although both slips and falls can cause injury, falls to the ground cause injuries that are greater in severity.
What To Do After a Slip and Fall Accident
Falls create potentially life-threatening injuries, especially when there is a jolt to the head against the ground or a nearby object. Depending on the victim’s medical history, it may cause further medical complications than expected, including a possible temporary or long-term disability.
Older adults who fall risk damage to their hips, knees, shoulders, and more.
Victims of slip and fall accidents may find it difficult to know how to treat their injuries. If possible, seek medical care immediately after taking a fall. Medical attention is a critical jumpstart toward your path of recovery.
Below are some more steps to increase your chances of receiving the needed care and potentially recovering compensation from parties responsible for your injury.
Call 911 in a Medical Emergency, and Always Seek Prompt Care
Calling the authorities not only helps document the case but also helps get witness statements, police reports, and contact and insurance information from the property owner. Calling 911 will immediately get you the necessary medical care and transportation to the nearest medical facility.
If your accident does not appear to be a medical emergency that warrants an EMS response, you should still seek a full evaluation and diagnosis as soon as possible after your accident. Some injuries do not appear immediately after an accident and can manifest days, if not weeks, after the incident.
If there are any signs of unusual symptoms, seeking medical care at the next available instance is critical.
Collect and Record Evidence
The National Safety Council states that all falls are preventable, indicating that there is likely to be a negligent and liable party involved in cases of hazards. To document the hazard, take pictures and videos of what happened, including what made you slip and fall.
Photos and video evidence can work in your favor and help to prove that the property owner was negligent.
In addition, recording a video can capture things that will be forgotten. In some cases, the reaction of the property owner is enough to prove that they were liable to begin with because of what they said or how they responded.
After the accident, remember that it is important to seek medical care to document your injury as close as possible to the accident date. Any diagnosis, medical bills, and records of wages lost are evidence to solidify your personal injury claim.
Avoid Speaking Without a Lawyer Present or Signing Any Documents
Negligent parties trying to avoid legal action will attempt anything to avoid the police or legal cases.
A common response is to try and convince the victim to accept a payout or to sign a waiver. These waivers may include language that frees the property owner of liability or deflects the fault to the victim.
Do not sign anything or accept any form of compensation from the potentially liable party. Agreeing to certain circumstances or admitting fault can negatively affect your ability to file a claim or receive compensation.
Proving Negligence
Slip and fall lawyers are experienced in handling these types of cases, and they know that to file a claim for compensation from an opposing party, there must be proof of negligence. The need to establish negligence can make slip-and-fall accidents quite tricky because it is possible for an owner not to know that something was wrong with their property that caused a slip-and-fall accident.
Slip-and-Fall at a Property: An Owner and Occupier May Be Different
Slip-and-fall cases include a liable party: the owner, an occupier, or both. But there is a difference between owner and occupier negligence.
Property owners are responsible for maintaining their properties, including making necessary repairs and replacements to keep visitors and occupants safe. Occupiers do not need to go to such lengths; they are only responsible for keeping premises reasonably safe.
A perfect example of an occupier is a renter. When one rents a house, their duty lies with reporting issues and maintenance requests and meeting the terms of their contract. They are obligated to highlight when something is unsafe to a visitor, but they do not necessarily have to fix it (unless there are reasonable steps that the average person would have known to take, such as shutting off the tap for a leaking hose).
Their responsibility often ends when they notify the owner of the problem.
A rented space may present a few obstacles in determining liability. Both parties may be liable for any injuries.
It all falls on the terms of their leasing contract and who is responsible for what part of the property where the accident took place.
Note that the same concerns arise for businesses renting a commercial space; they are responsible for keeping the premises reasonably clean and safe, such as by removing spilled substances from grocery store aisles. However, they are not expected to inspect and maintain the core structure of the property, which is the unit owner’s responsibility.
Injuries Associated with Slip and Fall Accidents
Injuries associated with slip and fall accidents vary in seriousness and the time it takes to heal. The unique circumstances of the slip and fall accident mean that an array of injuries can be associated with one case.
Brain Injuries in Slip and Fall Accidents
Traumatic brain injuries can immediately become complicated and present setbacks in recovery if they are not addressed quickly. What makes them more complicated is that they do not always present themselves immediately after an accident.
Sometimes, it can be days and sometimes weeks before symptoms appear.
Traumatic brain injuries, including concussions, cannot be self-diagnosed and require a medical professional to evaluate and determine whether the symptoms and testing results are consistent with either of these conditions. If you believe you are experiencing a concussion or TBI after a slip and fall, it is critical to find medical care as soon as possible.
Broken Bones
The human bone is meant to bend as it tolerates pressure, but when the force applied is great, the bone can snap or otherwise fracture. A slip-and-fall accident can lead to multiple breaks.
For example, a person slips on wet flooring and tumbles down the stairs, leading to multiple broken bones. If no sign at the top of the stairs indicated that the floor was wet or that the property owner knew it was wet and refused to disclose a warning, they could be liable for your broken bones and the financial burden created by that injury.
Spinal Cord Injuries
Spinal cord injuries can result from the impact of a slip and fall or from the twisting forces exerted on the spine as the body attempts to right and catch itself. If a visitor were to tumble down a flight of stairs, for example, they may face spinal cord injuries that will have lifelong consequences.
In the worst cases, they may not be able to walk or find themselves paralyzed from the neck down.
Smyrna Slip and Fall Accident Law Firm
Slip and fall accidents are preventable events that are costly and painful. You can seek compensation for your injuries, whether it was caused by poor building maintenance, poor lighting, or ignoring exposed hazards.
Speak to a team member at the CEO Lawyer Law Firm today to see how we can help you find compensation for your injuries. You may schedule your free initial consultation and case review by calling (470) 323-8779 or contacting us online.