What Are Trip and Fall Accidents?
Trip and fall accidents occur when a person trips on an object on or near the floor, resulting in injury. The injury usually results from the person hitting the floor, which can cause injury to the person’s hips, back, neck, arms, and other body parts. Trip and fall cases are sometimes called slip and fall cases.
However, “slip and fall” may refer to incidents that involve a slippery or wet floor, whereas “trip and fall” often indicates a fall due to an object. In court, these are both treated similarly under local and state personal injury laws.
Issues to Consider When Proving Trip and Fall Accidents
Proving fault or liability in a trip and fall case can sometimes involve some very technical details. In most cases, trip and fall claims are based on the negligence of the shop owner or business owner. In order to prove trip and fall liability, it’s necessary to show that the defendant owed the victim a duty of care, that they breached this duty of care, and that the breach was the cause of the person’s injury.
Proof of liability can often be provided through evidence such as photos, video, witness testimony, and written statements. Other points to consider in a trip and fall claim may include:
- Length of time that the hazard was allowed to be on the floor: If the object or hazard was on the floor for a long time, it might indicate the defendant’s negligence.
- Extent of the injury: Minimal injuries or losses will often be rejected in a court filing.
- Location of the incident: Sometimes, a person might file a claim for an incident in an area that the premises owner doesn’t have any responsibility for (for instance, on a sidewalk or public walkway); this might relieve the owner of responsibility for injury.
- Whether the defendant had knowledge of the dangerous conditions, and whether or not they took steps to remedy the situation.
What Are Some Legal Remedies for Trip and Fall Claims?
Trip and fall claims often result in a monetary damages award, issued from the defendant to the plaintiff. This will often cover losses such as hospital costs, medical bills, and other expenses. These types of damage may often be subject to state laws that limit damages.
Another remedy may include an injunction, which is a court requirement that the liable party fix or correct the conditions that caused the slip and fall claims.
Lastly, many trip and fall claims may cause the victim to miss work or lose the ability to generate income in the future. The court may consider these factors and issue damages awards for these aspects if needed.
Trip and fall accidents can sometimes result in serious injury and/or losses to the plaintiff. You may wish to hire a personal injury lawyer if you need help filing a legal claim for a trip and fall incident. You lawyer can help you review and file the paperwork that is necessary to process your claim. Also, your attorney can be on hand to represent you during the actual proceedings and hearings that may be involved.
Authored by Jose Rivera
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