Slip and Fall Injuries True Accidents or Results of Negligence

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Slip and Fall Injuries—True Accidents or Results of Negligence? According to the National Safety Council (NSC) slip and falls represent one of the leading causes of unintended events that cause injuries in the U.S. Slip and falls, according to Injury Facts—2011 edition, result in approximately 8.6 million hospital emergency visits each year. Slip and falls can be accidental, but far too many are preventable and the result of negligence on the part of a manager or owner of a residence, place of business, workplace, public building, etc. These people too often fail to keep conditions safe for patrons, even though it is their responsibility to do so. Property owners may be proven to have been negligent if they knew or should have known about the hazardous condition on the property but did nothing to rectify it. Enough time must have been available for the condition to have been corrected. It would be difficult to prove negligence if a spill just happened and there was not enough time to clean it up, for example. Nearly three million people injured each year in slip and falls are under age 19. However, in every age group in the U.S. the most frequent injuries needing medical attention are slip and falls. Adults age 55 and older are especially prone to slip and falls. Deaths resulting from slip and falls are four times greater among older Americans than among other age groups. Who Is Responsible? Business owners, managers of public transportation transit services, property owners, managers of department stores, grocery stores, and other places of business have the burden of responsibility to maintain safe conditions which allow all age groups to avoid slip and falls. According to the National Safety Council, these responsibilities include the following:            Immediately clean up all spills and leaks which create slippery floors and a slip and fall hazard Repair any broken or loosened floor tiles Repair uneven concrete surfaces or unleveled floors Check the condition of stairways periodically. Repair uneven steps and securely affix stair railings that have become loose over time Make sure adequate lighting is present both inside and outdoor Make certain that gutter downspouts are adjusted in order to direct water safely away from walkways Install gates at the top and bottom of stairs if young children are present at sites such as day care centers Discard small throw rugs and use non-skid rubber mats instead Arrange displays in aisles and furniture so that open pathways for walking are provided Remove clutter Remove debris from outside walkways and paths

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Get rid of wires and extension cords and other slip and fall hazards on floors Clean all grease spills in restaurants immediately

The most common locations where slips and falls occur include cluttered hallways, doorways, uneven surfaces, areas where there is heavy foot traffic, areas prone to spills or wetness, ramps, work surfaces that are not stable, stairs, ladders, and heights left un railed and unprotected. In Order to Help Determine Whether Negligence Was Present Contributing to a Slip and Fall the Following Questions May Be Asked:          Did the person who suffered the fall have a valid reason to be in the location where the slip and fall occurred? Would the slip and fall have been able to have been avoided by a reasonable person exercising a reasonable amount of care and caution? Were hazards (clutter, misplaced display cases, furniture, etc.) present which contributed to the fall? If hazards were present, were they clearly and properly labeled with tape or signage? Was there a good reason for the obstacle tripped over to be in its location, or could it have been better positioned somewhere safer? Did the property owner, manager, etc. have enough time so that he or she should have been able to reasonably remedy the hazardous situation? Was dim lighting or the failure to replace burned out bulbs the cause of the slip and fall? Was the hazard which contributed to the fall a permanent one like a broken step or loose stair railing? Did the property owner, manager, etc. create the hazardous condition himself or herself?

After a Fall: Immediately after a slip and fall contact paramedics and police by dialing 911 if injuries warrant. Highest priority should always be given to receiving immediate medical attention if required. If you are able, or if a friend is present, collect names and contact information from all those who witnessed the fall. If an obvious hazard was present which contributed to the fall, use a cell phone to photograph the condition/hazard. If you have no cell phone camera with you, take written notes about the hazardous condition which caused the fall. Report the fall to the store manager or business / property owner as soon as possible. If you are required to complete an accident report form, ask for a copy of the form to keep for yourself. Do not admit carelessness or personal responsibility for the fall on paper or orally. If medical attention was necessary, take photos of any visible injuries present such as bruises, broken bones, or scrapes and be sure to tell medical personnel of all symptoms you are experiencing.

Contact an Attorney If you or a family member has been injured in a slip and fall accident caused by another’s negligence, contact the Law Offices of Banafsheh, Danesh & Javid, P.C. Call toll-free (800) 820-1111 or locally (310) 887-1818, or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.

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