Denver Slip and Fall Attorney
One of the most common accidents is slipping and falling. It happens almost every day to countless people. While they are often harmless, they can sometimes cause serious damage.
According to National Floor Safety Institute (NFSI), people falling is the reason for more than 8 million emergency room visits. At 21.3%, it is the leading cause of emergency room visits. The intensity of an injury due to falling can range from a cut on the knee to a broken bone, even death.
According to the Centers for Disease Control and Prevention (CDC), one out of every five falls ends in the person being seriously injured with a fracture or head injury. More than 800,000 people are hospitalized each year because of some injury they sustained during a fall.
Proving a Slip and Fall Claim
If you are filing a slip and fall claim against a property owner, you will need to prove the property owner is liable for the accident. You will also need to prove the owner knew about the slip and fall hazard beforehand, acted in negligence or carelessness, and that you had suffered injuries from the slip and fall.
To hold another person or property liable for a slip and fall accident, you will first need to prove that the property owner knew about or should have recognized the dangerous condition that caused you to fall. For example, if a pothole was on the property for a few months, the owner knew about and failed to repair it, and you later slipped and fell from it, this would be an instance of liability.
You could also prove that the property owner or employee caused the hazard in question. For example, if an employee mopped a floor and failed to place a warning sign on the wet surface, leading you to slip and fall, the property owner could be liable for the accident by the court.
After proving that the property owner failed to act upon the hazard, you will then need to prove their negligence. If a property owner failed to act as a “reasonably prudent person” would under the same circumstances, you can prove that they acted in negligence. Not placing warning signs around a hazard, failing to clean up a spill, or inadequate lighting could be signs that the owner did not act reasonably.
However, proving slip and fall liability isn’t as straightforward as it seems. The property owner’s defense team will attempt to prove that you are either partially or completely liable for the accident. They may suggest you wore the wrong shoes that day, that you didn’t see the hazard because you were texting or looking at your phone, or you were in an area you weren’t supposed to be in. In these cases, it is important to have a skilled premises liability lawyer on your side to conduct a thorough investigation and craft a compelling case.
Where Slip and Falls Occur
Workers often slip and fall on the job. While these types of accidents are not the main cause of deaths while working, they are the largest reason for people needing days off work. Because of this, the largest portion of requests for workers’ compensation is due to slips and falls.
Of all accidental deaths that take place at home, people falling account for half. Most of these injuries happen on the ground, as opposed to on stairs or another elevated surface. People can fall in almost any circumstance. Tripping over the leg of a table, slipping on a loose rug, or falling over something laying around the house – these accidents can happen to anyone at any time.
At Risk Groups
Injuries from slipping and falling are most common amongst the elderly. They have slower reaction times than young people, so they are less likely to catch themselves before falling. They also have more fragile bones, so it takes less for them to seriously hurt themselves during a fall.
Every year in the United States, it is estimated that one in three people older than 65 will fall. Half of those people will have already had a serious fall.
Falls are the second highest cause of death for people between the ages of 65 and 84. For those who are 85 years or older, it is the highest cause of people dying because of an injury.
For adults over the age of 65 who must be hospitalized for a hip fracture for a fall, half of them are not able to go back home or live independently after the incident. Additionally, falls are the reason for approximately 40% of people who are put in a nursing home.
Factors Increasing Risk
There are many factors that may make a person more likely to fall. One could be if your legs and lower body are weak or you have difficulties walking and balancing. Some medications, prescription and over-the-counter, can lead to difficulties with balance or how steady you are on your feet. Vision problems can also contribute to a fall.
If you have a tendency or fear of falling, there are some things you can do to try to prevent being injured in a fall. Your doctor can make sure you are not on any medications that affect your balance and, if you are, find substitutes. You can also begin to take vitamin D supplements and do strength exercises.