The leading cause of traumatic brain injury in the United States is falling. 47% of all traumatic brain injuries are caused by falls. Falling is also the second leading cause of spinal cord injuries in the United States. Almost 32% of all spinal cord injuries are caused by falls. Among these are slip-and-falls, which are falls that take place on someone else’s property due to an unsafe condition. If you or a loved one has sustained a traumatic brain injury or spinal cord injury from a slip-and-fall, you may be entitled to receiving compensation under the law.
Most slip-and-fall accidents take place in commercial areas such as restaurants, grocery stores, and office buildings. However, slip-and-fall cases can happen anywhere, including on the road or in someone else’s home. Slip-and-falls can be caused by a wide variety of unsafe factors. Causes may include:
If you or a loved one sustained a spinal cord injury, traumatic brain injury, or another catastrophic injury through a slip-and-fall caused by any of the unsafe conditions listed above, the laws of your state may provide channels for you to seek compensation. Contact The Spinal Cord Injury Law Firm for a free legal consultation about your rights following a serious slip-and-fall injury.
When you are catastrophically injured as a result of a fall while on a person or business’s property there are multiple legal issues that must be examined. The specific facts of how your injury occurred will determine whether you can receive compensation for your injuries through a settlement or a lawsuit. In both personal injury lawsuits and insurance settlements, the plaintiff’s legal team must prove liability on the part of the property owner or an employee of the property in which the fall took place. To prove liability, your legal team must prove that the property owner or employee caused the hazard that resulted in your injury, or that the property owner or employee did not recognize or repair the hazard before your injury. Proving they did not identify or repair the hazard before your injury requires also proving that a reasonable person could have identified the dangerous condition and that they had ample time to repair the dangerous condition.
Slip-and-fall cases can be tricky, as it is common for the defendant’s legal team to argue fault on behalf of the injured party. Property owners or insurance companies and their legal teams may attempt to prove that you, the injured party, were the cause of your own accident and therefore should not receive compensation. Common defense arguments in slip-and-fall cases are as follows: the plaintiff engaged in an activity that prevented them from noticing the hazard; the plaintiff did not have lawful access or a reason to be in the area of the injury, and the plaintiff ignored warning signs or other safety measures regarding the hazard. If you were texting, talking on a cell phone, or taking part in any other distracting activity during the fall, the defense may argue that you did not notice the hazard when any other reasonable, non-distracted person would have. If you did not have lawful access or if you did not have a legitimate reason to be on the dangerous property, the defense may argue that you do not deserve compensation. If you did not read or take notice of any warning signs, or if you did not take proper safety precautions such as wearing shoes at the time of the injury, the defense may argue that your own negligence was the cause of the injury. Because of the many arguments, the defense can bring up during court, you must tell your legal team every detail about the slip-and-fall. Be truthful about all of the conditions that were in place during your slip-and-fall, and your legal team will use this information to fight for you to receive ample compensation for your injuries.
Slip-and-falls are all too common across the nation, and many catastrophic injuries result from slip-and-falls every year. If you or a loved one has experienced a traumatic brain injury or spinal cord injury due to a slip-and-fall, contact The Spinal Cord Injury Law Firm at 1-877-SCI-FIRM for a free consultation. We know serious injuries and we will fight for you.
Kelley is an asset not only to the SCI community, but a force to be reckoned with. Anyone would be lucky to have her fighting on their side! – Sunni
After my wife had a traumatic brain injury we had so many questions. Kelley took the time to answer all of our questions and worked hard for us. Kelley is an excellent lawyer. We were lucky to have her guide us through a difficult time. – Jose