Slipping and Falling Accidents

A property owner has the legal responsibility of making his property safe. If he fails to do this, and a person ends up getting hurt, he may be held accountable for the damages, such as the medical costs of treating the victim’s injury and the lost wages as the victim has not been able to work because of the physical limitation. This is called premises liability.

According to the website of these Tucson accident lawyers, slip and fall accidents are under premises liability. But what is a slip and fall in the first place? A slip and fall is just what those words suggest – you slip in the property and fall strong enough into the ground to get injured.

The main component of a premises liability case is the negligence of the property owner. This also applies for slip and fall accidents. If it can be proven that the property owner has been negligent, and this negligence has resulted into the injury of another, then it may be a legitimate premises liability case.

But how can a property owner be negligent? There are three conditions:

  • He has created the dangerous condition that has led to the slip and fall accident
  • The dangerous condition has been there long enough to be seen and fixed by a reasonable property owner
  • Because of the property owner’s failure to see or fix the condition, the condition ends up hurting another person

Most of these conditions are the result of the lack of maintenance, such as the following:

  • Buildup of ice, rainwater, or snow in the sidewalk
  • Buildup of leaves and other debris
  • Cylindrical objects that may rollover, like pipes
  • Defective facilities, like elevators, escalators, and stairs
  • Unattended slippery materials on the floor, like spilled drinks
  • Worn carpets, rugs, and other textiles on the floor

Property owners should regularly clean their premises, inspect their facilities, equipment, and furniture, and have enough security to see potential hazards like spilled water. They owe it to themselves and their visitors to make their premises safe.

It is a Property Owner’s Responsibility to Ensure the Safety of Their Premises

Slip and fall accidents are among the top causes of serious injuries in the U.S. Data from the National Safety Council (NSC) Injury Facts show that there are more than 8 million victims of this type of accident every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow), and the ones who are most prone to it are people 55 years old and above. Though it may just be a simple accident to many, it is enough to alter an elderly victim’s life and make him/her incapable of further enjoying years filled with worthwhile activities.

A slip and fall accident can occur in any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premises – to make sure that everything is safe. If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, the victim of such lack of concern, carelessness or negligence, is someone who is totally unaware of a possible slip or trip hazard.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident due to their negligence, a claim lawsuit is sure to follow. At the very least, you want adequate warning when there are unsafe conditions. However, there are times when unsafe conditions crop up without warning and cause people to get hurt. It is a property owner’s responsibility to ensure the safety of their premises. When they fail to do so, injured people can hold them accountable for allowing dangerous conditions to persist.

Holding truck drivers liable in accidents

It is easy to imagine that a great disaster is often the result when commercial trucks are involved in accidents. As commercial trucks like 18-wheelers, big rigs, delivery vehicles, and tankers are relatively bigger and heavier compared to personal vehicles, many families often lose their loved ones in truck accidents. Though truck accidents are complicated in nature, one of the factors that can be blamed in such disasters is truck drivers.

Truck companies are responsible for hiring drivers that have a Commercial Driver’s License (CDL). The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to prove themselves that they are highly skilled and knowledgeable in operating large vehicles. Truck drivers’ license is very much different from automobile drivers’ license as some states may require drivers to have certifications depending on the type of truck they will operate. Truck drivers are expected to follow routine inspections before driving. If drivers are negligent in pre-trip inspections they might not foresee mechanical problems in the vehicle. Drivers should make sure that truck brakes, steering, horn, and wheels of their vehicle are properly working. For instance if the driver fails to see that some of the truck’s tires are not well-inflated, the truck may lose control during operation when its tire suddenly blowout. Families of truck accident victims have to deal with financial loss due to truck drivers’ error or negligence.

Truck accident victims who have decided to file a lawsuit against truck drivers to possibly get compensations should prove that the driver has violated safety regulations that resulted to the plaintiff’s injuries. Though typical families are not familiar with the laws that regulate truck drivers, they might consider enlisting a lawyer whose expertise is defending the rights of truck accident victims. A lawyer, depending on the state, may possibly help truck accident victims claim for their loss of wages, medical expenses, pain and sufferings and loss of affection or companionship.

Personal Injury Info

According to the Bureau of Justice statistics, when another person’s culpable actions have caused an accident, you could suffer injuries and significant consequences which will require extensive health care for you, as well as, causing you to miss work. Fortunately, according to the website of the Abel Law Firm, you may be able to recoup monetary compensation to pay for these damages by submitting a personal injury situation from the liable party. The person involved in a personal injury suit normally doesn’t have the education or any legal foundation; consequently, he or she might not understand some basic conditions that are crucial to your own case.

Luckily, by understanding phrases and a number of simple terms, you can sort out the fundamentals of your own case and also discuss with other authorized professionals, lawyers, and judges without an excessive amount of confusion or frustration. Additionally it is vital that you consider when you have some questions or need clarification on a phrase, which you can always talk to an attorney.

Understanding Personal Injuries Jargon

As a plaintiff, there really are several lawful conditions you might come across when researching or working through your case. By creating a base and knowing some of the phrases, you’ll be able to work through your situation with significantly less resistance. A few important terms you should know include these:

  • Law of restrictions – A legal principle that restricts the time frame you need to document your personal injury situation. Once the time limit expires, it’s impossible to consider legal action or pursue fiscal compensation.
  • Compensatory damages – Monetary damages intended to compensate you for any expense you’ve had due to the trauma. Comprises doctor’s bills, lost wages, and other harms.
  • Exemplary damages – Added damages granted to litigants that are supposed to further punish the defendant for blatantly irresponsible conduct
  • Res judicata- Legal principle that prevents a complainant from filing a second lawsuit against the exact same defendant for the same injuries