Statistics show that the number one reason for injury and death among people age 65 and older is due to falls. Each year, 2.8 million older people are treated in emergency departments for injuries due to a fall. One out of five falls causes a serious injury such as broken bones or a head injury. Falls are also the most common cause of traumatic brain injuries also known as TBI.
You should not be comforted by the statistics if you are younger than the age of 65 because you too can suffer a serious injury, such as broken bones or brain injury, and death. Younger people are not immune from injuries due to falls, as an Arlington TX personal injury lawyer can explain. Falls can occur due to a variety of reasons, including but not limited to the failure of a store owner, mall operator, or homeowner to keep the premises safe from tripping or slipping hazards. Such hazards may include uneven or unmarked pavement or wet surfaces.
Here is what you need to know about the personal injury law associated with slip and fall accidents.
- Always report it. Immediately report the accident to the manager/ home owner of the place where you have experienced the fall, this can be done by filling out a form. Be advised that you do not have to resolve the matter there and then. After reporting the incident do not discuss it further, immediately seek medical attention and determine the severity of your injury. Keep an eye out for witnesses and also try to memorize the names of the employees present.
- Proving fault. If you experience the fall on a public property such as a mall, a restaurant or a general store it is necessary that you take action against the ownership. The lack of maintenance, narrow walking areas/stairs, slippery or wet floors classifies as hazardous conditions. When the incident has been reported to the insurance companies, you will be asked you to prove that the fall was not negligence on your part. Inspect all conditions and make sure that the fall was not due to your own clumsiness.
- Did the accused party know? It must be verified that the owner or the manager of the property where you fell knew of the dangerous conditions and did not take the corrective action.
- Liability of the accused party. The owner of the said property can be held liable only if the maintenance of the place where the accident occurred was not up to the standards of care and maintenance.
Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into slip and fall accidents.