Slip and Fall Accident
What to Expect When a Slip-and-Fall Injury Happens at School: Pursuing Personal Injury Compensation
| November 21st, 2023
Pursuing information and personal progress is paramount in educational institutions’ crowded hallways and classrooms. Despite the important goals being pursued in these institutions, schools are prone to the same risks as any other large facility, including slip and fall accidents. Such events, frequently overlooked, can have far-reaching consequences for the well-being of those in the school community.
Understanding Slip and Fall Accidents
Slip and fall accidents occur when someone accidentally slips or trips and falls, sustaining injuries. The fact that a slip and fall catastrophe could happen anywhere, at any moment, is a terrifying prospect. Victims of slip-and-falls could sustain life-threatening injuries with outcomes similar to traumatic brain injuries (TBI), spinal cord damage, broken hips, and even death.
A slip-and-fall mishap can result in medical expenses, other losses that result in an overwhelming financial burden, and the agony and suffering longterm injuries can cause. Thankfully, students have the right file an injury claim if they’ve been injured in slip-and-fall accidents. With the help of a Sacramento personal injury lawyer, their rights will be protected and compensation can be pursued.
What Are Some Common Reasons People Fall or Slip?
Knowing what factors can lead to slip-and-fall accidents is an essential step to preventing them. These types of accidents are usually a direct result of negligent property owners failing to alert people to possible hazards, such as:
Unfavorable Weather
The risk of slips and falls outside of the school may increase during inclement weather.
Improper Footwear
It might be difficult for pedestrians to navigate certain terrain in shoes that don’t fit properly or don’t have enough traction.
Distracted Navigation
Someone may lose focus while walking while talking to others, using a cell phone, or simply not paying attention.
Speeding From One Location to the Next
Moving abruptly or being in a rush and not taking precautions can increase the risk of falls in any space.
Impact of Slip-and-Fall Accidents
Accidents involving slips-and-falls significantly impact people and society. According to the National Safety Council, falling causes more than 800,000 hospitalizations each year, primarily due to head injuries and hip fractures.
What follows is a list of the typical long-term injuries that can occur because of a slip-and-fall accident. These are exactly the sort of injuries that victims can receive compensation for by pursuing a premises liability claim with the help of an injury lawyer in Sacramento.
Paralysis
Paralysis is one of the most severe and life-altering consequences of slip-and-fall accidents. The forces produced when a victim falls on their back or neck can damage the vertebrae and spinal cord.
It is unlikely that someone who has suffered a spinal cord injury will regain full function as the human spinal cord is brittle. Victims of slips and falls may experience paralysis in their legs, waists, torsos, arms, or sometimes their entire body.
Acute Brain Injury
The head is particularly susceptible to severe injuries during slip-and-fall or trip-and-fall accident. A person is more likely to sustain a traumatic brain injury when they hit their head against a hard surface such as wood, tile, or concrete floor.
Traumatic brain injuries range in severity from low-intensity concussions to severe wounds that result in brain hemorrhage and even the destruction of brain tissue. Traumatic brain injuries can have long-term and permanent repercussions, such as cognitive limitations, emotional difficulties, personality changes, and balance issues.
Loss or Reduction of Mobility
Anyone can break their hip in a slip-and-fall mishap, but older adults are more likely to sustain this kind of injury because their hips are weakened from osteoporosis, age, and prior trauma. Hip fractures can be lethal, very painful, and very disabling.
People who break their hips frequently need surgery to mend the shattered bones, and if their injuries are serious, they might even need hip replacements. A damaged hip puts a person at a significant risk for further hip fractures due to decreased mobility, poor balance, and a lack of walking confidence.
Pain
Victims of slips and fall accidents may experience broken bones, torn tendons or ligaments, and nerve damage. The effects of some of these injuries can be felt for months or even years after the body has healed.
The chronic pain that slip-and-fall victims often deal with can affect their quality of life and even their capacity to work. If the injured person used their hands and arms to brace themselves as they fell, they may experience pain in their upper bodies and lower backs, hips, legs, and even upper bodies.
Fear and Worry
When someone falls and sustains catastrophic injuries, they become terrified of it happening again. Although this often occurs only in senior slip-and-fall victims, everyone handles such events differently and some individuals are more prone to anxiety.
Such individuals may experience severe disruptions in all facets of their daily lives and routines. After their falls, they may not only be unable to work but also to enjoy hobbies, spend time with family and friends, and live freely.
Medical costs
Prescription drugs, medical care, and rehabilitation can all be very expensive. The severity of the injury and treatment cost will determine the amount of compensation received as part of the personal injury claim.
What to Do Following a Slip-and-Fall Accident at School
The following actions must be taken if a student or employee slips and falls at school:
- Seek medical attention.
- Gather and maintain evidence.
- Keep a record of your medical care.
- Inform school administrators.
- Consult an attorney.
Seeking Compensation for Slip and Fall Injuries at School
Slip-and-fall claims should be brought against the school to receive a settlement. Under the legal theory of “premises liability”, the school is liable for any student injuries brought on by negligence or dangerous conditions on school property.
Proving liability is crucial when filing a personal injury claim against a school. Schools have an obligation to protect students while on campus, and precautions must be taken to keep students and staff safe, and out of potentially hazardous situations.
If the school’s negligence was the cause of the injury, the school is held liable through a negligence guarantee. However, only a fraction of accidents that occur on school property will result in a strong claim for compensation.
How a Lawyer Can Assist in Determining Liability in a Fall Case
If a school fails to warn of a potential hazard, such as a spill or wet floor, this is evident negligence. However, the process of filing a personal injury claim against a school is not always straightforward. With a skilled personal injury attorney, Sacramento residents will see the benefits of having a lawyer pursue damages on their behalf firsthand, especially if the case goes to trial.
Whether a claim is resolved out of court or goes to trial, a personal injury attorney will offer vital advice and support. Lawyers will gather information, speak with the defendant’s attorney on your behalf, and submit all required documentation. Have you or your loved one experienced a slip-and-fall accident at school? Don’t navigate the aftermath alone. Contact us and consult with an attorney. Get access to all the knowledge you need to pursue personal injury compensation.
The Role of Insurance in California Slip-and-Fall Cases
| September 18th, 2023
A slip-and-fall accident can happen when you least expect it, leaving you with painful injuries and major medical expenses. Imagine you’re shopping at the supermarket, for example, when your foot suddenly slips on a wet floor. In seconds, you are lying on the ground, facing the aftermath of a slip-and-fall accident.
While these accidents may cause initial embarrassment for the victim, they can also have far-reaching consequences. In California, insurance is vital in addressing liability and compensating injured victims of slip-and-fall incidents.
Understanding the complexities of insurance coverage and how it impacts slip-and-fall cases can help you win the compensation you deserve after an accident.
Understanding Insurance Coverage in Slip-and-Fall Cases
In California, when someone slips and falls on someone else’s premises, the property owner can be held responsible for the accident. This can include slip-and-fall accidents in properties like restaurants, retail stores, or private residences.
Owners have a duty to keep their property safe for visitors. This means they must routinely check the premises for hazards, address them, or post signage to warn visitors of the danger, like the signage used for a wet floor.
If an accident occurs due to the property owner’s negligence, the victim may be able to file a claim seeking compensation for their injuries. Insurance acts like a safety net, protecting the injured person and the property owner.
Insurance claims typically cover damages like medical bills, pain and suffering, and lost wages for those harmed in a slip-and-fall. Insurance also protects property owners from paying out-of-pocket, which could result in victims not getting a fair settlement.
Types of Insurance Policies Involved
In slip-and-fall cases, there are several types of insurance policies, depending on the location and circumstances of the accident. Understanding these policies can help victims and property owners navigate the claims process effectively.
- Homeowners’ or Renters’ Insurance
Homeowners’ or renters’ insurance typically covers around $100,000 in damages for accidents that occur on residential properties, depending on the policy. If you are involved in a slip-and-fall accident in someone’s home, whether they own or rent the property, their insurance should cover you for losses related to the bodily injury you suffered.
- Commercial General Liability Insurance
Most businesses and commercial properties are protected by commercial general liability insurance. This type of insurance covers bodily injury resulting from accidents on the business premises.
Whether it’s a retail store, restaurant, or office building, this insurance can help protect businesses from liability and pay for slip-and-fall victims’ injuries.
- Umbrella Insurance
Property owners may have umbrella insurance, which provides additional coverage beyond their primary liability policies. Umbrella insurance is beneficial in severe slip-and-fall cases where the damages exceed the standard policies’ limits.
For victims, this means you can receive full compensation for your injuries, even if they exceed the property owner’s primary liability coverage.
How a Lawyer Can Help?
After a slip-and-fall accident, you can protect your rights by seeking legal assistance from a California personal injury lawyer at Berg Injury Lawyers. Our attorneys can guide you through the claims process and help you receive maximum compensation. Our expertise helps you with many parts of the process, including:
- Promptly Notifying the Insurance Company
After the slip-and-fall, we will work with you to notify the responsible party’s insurance company. This initiates the claims process and ensures that all paperwork and evidence are provided to the insurer. By contacting the insurance company promptly, you can help expedite the claims process to see a quicker resolution to your case.
- Documenting the Incident
Documenting the incident thoroughly is critical to the outcome of your claim. This includes taking photographs of the accident scene, gathering witness statements, and keeping records of medical treatment and expenses. Your attorney can help collect and organize these crucial pieces of evidence and submit them as part of a well-supported compensation claim.
- Conducting Investigations
When a slip-and-fall incident occurs, insurance companies will conduct a thorough investigation to evaluate who is at fault and the extent of the damages. This process involves scrutinizing evidence, collecting statements, and reviewing relevant documents.
Having an attorney by your side helps preserve and collect crucial evidence. They can also challenge any unfair assessments or attempts to downplay liability during the investigation by the claims adjuster.
- Exploring all Avenues for Compensation
The insurance company may offer you a lowball settlement during the claims process, hoping you’ll accept for less than you deserve. An experienced attorney can handle negotiations to help you receive a settlement that adequately compensates you for the injuries and damages suffered.
If a fair resolution cannot be reached through negotiations, your attorney can help you pursue legal action in a personal injury lawsuit.
Navigating Slip-and-Fall Claims with Expert Legal Support
Unforeseen slip-and-fall accidents can leave victims in a vulnerable and distressing situation. If you are injured in a slip-and-fall incident, our personal injury attorneys at Berg Injury Lawyers can provide the legal support and assistance you need.
Our experienced lawyers will help you navigate communications with insurers, protect your rights, and maximize your chances of a favorable outcome for your case. Contact us for a free consultation today, and let us advocate for you.
Slip and Fall Accidents: What Constitutes a Claim?
| June 2nd, 2023
Although common in the winter, slip and fall accidents happen all year round. Icy surfaces, puddles, trailing cable wires, and other hazards can cause personal injury accidents to occur in a moment’s time. Because these accidents can cause severe injuries that may lead to loss of wages or even life-long medical care, it is important to contact a Sacramento slip and fall attorney to evaluate if negligence was at play.
Understanding Slip and Fall Accident Liability
There is a flawed assumption in our society that it’s often older people who slip and fall. These accidents can happen to people of all ages. Everyone is at risk, including customers visiting a business premise, guests at a friend’s house, and children playing in a public park. Property and business owners have a duty to keep the area maintained to meet reasonable safety standards.
You don’t have to be inside a building to file a claim for another person’s carelessness. You can slip, trip, and fall anywhere, including the following places:
- Inside and outside business buildings
- Private homes
- Parking lots
- Walkways
- Steps and staircases
If you are injured on someone else’s property and believe it is due to negligence by the owner, you may have a premises liability case. The slip and fall attorneys at Berg Injury Lawyers in Sacramento will evaluate the situation and provide you with the best guidance and options for moving forward.
Property and Business Owners: Reasonable Safety
To prevent accidents, property owners should remove hazards as soon as possible. The following are examples of dangerous circumstances that can lead to this type of injury:
- Stairway hazards: Stairway hazards can cause falls which can result in spinal injury, lacerations, fractured bones, and brain trauma, among others. Property owners should therefore ensure that they repair broken steps and replace missing guardrails quickly. Failure to take prompt safety measures can make the property owner liable if someone gets hurt.
- Slippery floors: Wet, soapy, or oily floors have sent many victims to the emergency room. It’s good practice to clean up spills immediately. Whenever a staff member is cleaning or carrying out any maintenance activity that compromises floor surfaces, clearly marked warning signs can save lives. If there is no visible warning, or the responsible party takes too long to clean up spills and puddles, they may be liable for any resulting accidents.
- Obstacles left on walkways: As a rule, walkways should always be clear. Leaving toys or tools lying around is dangerous. Someone could unexpectedly trip over them and fall. If they get hurt, they may file a claim for the damages they sustain.
- Poorly lit entryways: Walking in the dark poses a risk. Not being able to see in tight spaces can be especially hazardous. Slip and fall victims may deserve payment from the negligent party, even if the accident happened in a private home.
When to File a Claim After a Slip and Fall Accident
Victims should not be scared to demand compensation if someone else’s actions or negligence caused an accident that resulted in personal injury. Even if the injured party feels they are partly to blame, California laws allow them to receive payment in proportion to the other party’s share of the blame.
Claims should include not only medical bills but also physical and emotional pain, lost income from missed workdays, and other expenses related to the injury.
How Can a Sacramento Slip and Fall Attorney Help You?
Berg Injury Lawyers has handled slip-and-fall claims for years and can evaluate your case to determine if you should go forward. Our team of investigators, researchers, and lawyers are ready to gather documentation, identify parties responsible, and fight for you and your family. We treat you as a human being, listen to you, and simplify the complicated filing process.
Berg Injury Lawyers works hard for victims who are at a loss of where to start. Contact our Sacramento office today and have one of our personal injury attorneys help you through this difficult time.
What is a Landlord’s Liability For Slip and Fall Injuries?
| October 4th, 2022
Slipping and falling at your apartment can be a challenging situation to handle because several factors go into determining who is at fault for your injury. Our slip and fall attorneys in Sacramento can simplify the process of seeking compensation if you believe that your landlord was responsible for your fall.
When Is a Landlord Liable for an Injury to a Tenant?
Landlords generally have somewhat different responsibilities as far as protecting current tenants and those that have not yet signed a lease.
Before Giving Possession to a Tenant
Landlords are responsible for inspecting apartments and making any necessary repairs prior to showing the apartment to a prospective tenant. Failing to do so will often make the landlord liable for any falls or other injuries a prospective tenant experiences while visiting an apartment. In addition, landlords will generally be liable for any injuries that prospective tenants or new tenants that do not yet have possession of an apartment experience elsewhere on the property if they knew about and failed to correct the issue.
After Giving Possession to a Tenant
Once a tenant has possession of a property, they become responsible for the majority of potential causes of falls and other injuries within their own apartments. Although landlords should generally make repairs within a tenant’s apartment once the tenant brings a problem to the landlord’s attention, landlords are typically not expected to be aware of issues in private areas that they are not told about. Known issues are expected to be found and fixed before the tenant moves in, and many new issues that arise after this time are the tenant’s fault and unknown to the landlord. This means that landlords are usually not liable for most injuries that occur within an apartment, although they may still be liable for negligence-related injuries that result from problems they knew existed in public areas.
Is a Landlord Liable for an Injury to a Third Party?
Your landlord’s responsibility for maintaining a reasonably safe property extends to your friends, family members, and any third party guests that visit your building. Guests that are injured can sue your landlord for an injury that is the clear result of negligence, even if they do not live there. Like tenants, third party guests that are injured on your landlord’s property need to be able to provide sufficient evidence that the landlord knew about the unsafe conditions that caused the injury and neglected to correct the problem within a reasonable amount of time.
This means that most slip and fall injuries that occur within your actual apartment are more likely to be your fault or your guest’s fault than your landlord’s. However, certain falls in parking lots, stairwells, common areas, and other public areas of your building may qualify as negligence and give a third party a reasonable chance of proving that your landlord is liable for the injury.
What Happens If a Landlord Gives Maintenance Responsibilities to an Independent Contractor?
Many landlords hire an independent contractor to handle any maintenance needs associated with the property instead of doing all the work themselves, particularly if they own multiple properties. While this option can save a significant amount of time for landlords, they should still be diligent about visiting each property they own regularly to ensure that this individual or company is doing a thorough job because they can still be held liable for many types of injuries that may occur on their properties.
Responsibility for making sure that the property is safe enough to avoid injuries that are the result of negligence still falls on the owner of the property, regardless of who is actually supposed to be doing the work. This means that tenants can still sue a landlord for injuries to themselves or their guests that are the result of negligence, even if the independent contractor is the reason a known unsafe condition has not been repaired in a timely manner.
Are Liability Waivers Binding?
Under most circumstances, liability waivers are a more effective means of convincing an injured tenant not to sue a landlord in the first place than they are of actually protecting the landlord from a negligence lawsuit. Although your landlord may have included a liability waiver in your lease and may claim that this waiver means you will automatically be unsuccessful in suing them if you are injured, these waivers are generally much less binding than your landlord may want you to believe. Your landlord may genuinely, but mistakenly, believe that a waiver is all they need to ensure that they cannot be held responsible for any injuries that occur on their property, but they may also use the existence of this waiver to intentionally mislead tenants.
Injuries that result from clear negligence on your landlord’s part are different from injuries that were your fault or an obvious accident that is clearly no one’s fault, and these waivers or clauses typically will not be enforced if you decide to take legal action against your landlord. This means that you should not allow any threats or coercion from your landlord to convince you not to attempt to obtain compensation as long as there is sufficient evidence available that you or your guest was injured as a result of the landlord’s negligence. Experienced Sacramento slip and fall attorneys can help you navigate the process of determining where the rights of your landlord may think they have ended if they interfere with yours.
What Types of Damages Can Be Claimed in a Slip and Fall Accident Case?
Tenants that are injured as the result of a slip and fall accident that is connected to a landlord’s negligence can sue for compensatory damages. This means that you may be able to obtain financial compensation from your landlord for a variety of problems that result from your injury, such as medical or physical therapy bills, lost wages, and changes to your future work capabilities. Scarring, pain, and other types of non-financial results of your injury may also qualify for financial compensation if negligence is determined to be the primary cause.
Do Not Hesitate to Contact a Sacramento Slip and Fall Attorney
After a consultation with our slip and fall attorneys Sacramento residents can rest assured that Berg Injury Lawyers can help you navigate the complex process of determining fault for an injury and obtaining compensation. Although results can vary depending on the specific circumstances surrounding your slip and fall injury, working with us may help you obtain a higher level of compensation than you would get without consulting an expert. Contact Berg Injury Lawyers today to learn more about how choosing our personal injury attorneys may be a good fit for your situation or to schedule a free consultation.
