While many tend to associate slip and fall injuries with a self inflicted tumble, “slip and fall” accidents are personal injuries that fall under the premises liability area of West Virginia law, as property owners have a duty to keep their premises free from obvious or known hazards. When you slip and fall down, if it occurs on a property and is due to some hazard that should have not been there, then you may have cause for a slip and fall personal injury case. For example if an icy walkway leading up to a retail shop was not properly de-iced by the property owner and you fell as you attempted to enter their store, that is a slip and fall injury in the premises liability sense.
According to leading West Virginia personal injury attorney, Chad Love, “Being injured in a slip and fall accident causes you to suffer emotional and financial damages in addition to your physical injuries. When your injuries are caused by the negligent acts of another party, you are entitled to receive compensation from that party.” Meaning that party is liable for damages that occur because of their negligence.
Statistics
Falling with a resulting injury rank among the top causes of emergency room visits, with “slips and falls” accounting for approximately 12% of the total cases. More than one million people visit emergency rooms each year due to slip and fall accidents. According to The National Floor Safety Institute, fractures are the most common consequence of falling, affecting approximately 5% of individuals. Among these fractures, hip fractures are particularly prevalent, especially among people 65 and over.
One in four adults over 65 experiences a fall, according to CDC data. Of those, 37% experience an injury. Women in this group most frequently experience a hip fracture, but a person of any age can have one. A person who has a hip fracture must undergo painful, problematic surgery and may still experience limited mobility after recovery.
According to the Center for Disease Control (CDC), 131.3 million Americans visit an Emergency Department each year with 18.6 million resulting in a hospital admission. One out of five falls causes a serious injury such as broken bones or a head injury.
The CDC also reports ice, snow, rain, loose mats, rugs, spills, and stepladders are some of the common causes of slips, trips, and falls. Poor lighting and clutter can cause injuries such as sprains, strains, bruises, bumps, fractures, scratches, and cuts.
Accidents In The Home
How about this for a frightening statistic! In the home, falls account for half of all accidental deaths, typically occurring at ground level. A homeowner is responsible for keeping their premises safe and visitors should expect the property, inside and out, to be free from any obvious hazards. That means stairs, walkways, and driveways need to be safe to transverse. Clutter, unmaintained lawns, dilapidated porches and the like are all sources of hazards that can cause someone to slip and fall. Slip and fall injuries can be avoided with proper care and maintenance.
When an individual homeowner fails to take necessary measures to keep the property free of obvious hazards and a slip-and-fall accident happens, their negligence can result in legal liability for an injured party. Even a tenant renting the property may be held responsible if they contributed to the hazard that caused the injury. Also property owners of rental properties are responsible for maintaining the property safely for renters, invited guests, and vendors who come onto the property.
Accidents In The Workplace
Slips and falls are the top reason for missed workdays and one of the main reasons for Worker’s Compensation claims—especially at construction sites. Though some work settings or occupations are more dangerous than others, even an office worker can have a slip and fall at work.
An employee’s slip and fall can cost a company money because they are responsible for the workplace’s conditions. Nearly all employers in West Virginia must carry workers’ compensation insurance which provides benefits if their employees get an injury or illness from their job. This type of insurance policies helps protect a business from the liability of work-related incidents. Sometimes worker’s comp benefits may not fully cover or compensate an employee and they may need to consult with a personal injury lawyer to see if they can sue for more. Here in West Virginia, mining accidents can occur as workers mine for one of West Virginia’s most precious natural resources: coal.
If a visitor, client, or delivery person slips and falls on their work premises, the company is open to a personal injury lawsuit.
Businesses have a responsibility to provide a safe work environment and prioritize the safety of individuals on their premises. Depending on the type of business, providing safe working conditions will vary. But being liable for negligence doesn’t really vary. The U.S. Department of Labor’s Occupational Safety and Health Administration sets and enforces standards to ensure that employees work in a safe and healthful environment. Employers must comply with all applicable OSHA standards.
Slip And Fall Injuries
While hip fractures are a significant number of slip and fall injuries, they aren’t the only ones. This type of accident can lead to:
• Broken bones and fractures
• Joint damage
• Bruises and lacerations
• Spinal injuries, including fractures and spinal cord damage
• Traumatic brain injuries
• Nerve damage, i.e., paralysis
• Soft tissue damage
• Death
Some injuries may not be evident at the time, so immediate medical attention is vital. If there is a chance you may need to sue to get compensation, take pictures from the scene of your slip and fall as that can be used as evidence later. In addition, keep all invoices and receipts from all medically related treatments including emergency room treatment, follow-up appointments, prescriptions, and any other accident-related medical expenses. In most cases you have a limited time to make a claim (Statute of limitations) so it is important to at lest consult with a personal injury lawyer. If your loved one is too injured by a slip and fall at work on on another property, consult an attorney on their behalf. Finally if a spouse or parent died as a result of a slip and fall, the spouse or family can sue for compensation and possibly wrongful death.
Speak To The Love Law Firm First
After a slip-and-fall accident, you’ll likely be contacted by insurance companies or your companies worker’s comp representative about settling your case. If you have any concern whatsoever, we suggest you don’t do that—get in touch with us first. Let us help you evaluate what damages you may have incurred and what you likely will incur as you recover. We’ll discuss your case with you, explain your options, identify sources of damages you may not have considered such as loss of consortium and what to expect as an award in a settlement. We offer contingency fee arrangements, and there’s no fee if we don’t win your case. Contact Charleston’s The Love Law Firm today at (304) 344-5683 and schedule your appointment with Chad Love.
