The occurrence of slip and fall accidents due to someone’s negligence in properly maintaining their property can result in both physical and financial problems. The attorneys that specialize in slip and fall accident cases can help the victim get proper financial compensation for their injuries. Slip and fall accidents refer to an unexpected personal injury which occurs when a person accidentally slips on someone else’s premises and is injured. Usually, these slip and fall accident cases fall under the premises liability claims.
The business premises owners can be legally responsible for these slip and fall accident cases since, in most cases, these accidents occur due to their negligence of property maintenance. These accidents can cause a variety of injuries to a person such as neck injury, broken bones, knee damage, nerve and spine damage, cuts and bruises, sprained ankles and wrists, shoulder dislocations, traumatic brain injury, muscle strains or even death. In such cases, the person to whom these slip and fall accidents have happened can file an injury claim in court against the property owner through a personal injury lawsuit. There are a number of laws regarding these slip and fall accidents in different towns, states, and countries. The Statute of Limitations and shared fault are the two most important laws which determine how the cases are judged by the lawyers in various towns, states, and countries.
The statute of limitations is a law that implements a time limitation on the hearing of the case regarding the slip and fall accident in the civil court system and these time limits can vary accordingly depending on the type of case. This time limit set by the statute of limitations is important for a person who has suffered injuries due to a slip and fall accident caused by someone’s negligence. Their right to recover compensation after the deadline against the negligent party has passed will cause the court to dismiss the case. According to the certain laws, an individual to whom a slip and fall accident has occurred and has suffered damages due to someone else’s negligence in maintaining their property, has a right to seek compensation from the opposite party and to do so that person must file a lawsuit within three years.
In addition, should a person die due to a slip and fall accident, a wrongful death lawsuit is filed against the opposite party and that must also be filed within three years according to several laws. The victims of slip and fall cases can personally negotiate with the insurance company of the landowner before filing the lawsuit. However, the victim’s best option would be to consult with an experienced and reputable slip and fall case attorney in the area since they will significantly help the victim to successfully obtain the most compensation possible. While an accident due to negligence in maintaining the condition of their premise may not sound as serious as other types of accidents, the physical injuries and medical expenses can cause emotional trauma for the victim. In this regard, the attorneys can help the victim seek financial compensation from the opposite party. By calculating the amount of medical expenses including lost wages, future medical expenses, rehabilitation costs and other damages, the lawyers assist the victims of slip and fall accidents to obtain justice and financial compensation as well.
Slip And Fall Example
It's a busy day in your restaurant, there are reservations expected to arrive, a wait at the door and your staff is flittering about like worker bees in a hive. In all this hustle and bustle the last thing you need to hear is the crash of entrees and dishes on the floor as someone slips and falls in your workplace. Sure, accidents happen, but all it takes is one angry customer or worker with the right slip and fall lawyer to close your doors for good. If you thought the insurance your business pays for accidents of this kind was expensive before, wait until after your first accident on-site and ensuing prosecution by a slip and fall lawyer. Some companies will shut you down on the spot until the flooring issue is remedied with the threat of cancelling your policy. Now is the time to take falling injuries in the workplace seriously! Falling accidents are the second leading cause of accidental deaths after car accidents within the U.S. Yellow cones and signs that say "Warning, Slippery Floor When Wet" don't cut it anymore.
In an attempt to prove negligence, a slip and fall lawyer would take one look at your yellow warning signs and argue that you already knew about the potential for accidents to occur. Even if you're not worried about accidents happening, slippery floors can slow down foot traffic in your place of business, and morale can be affected if employees think they are constantly at risk for accidents while they are walking around at work. Even the Federal government has an opinion on when public floors get too slippery for their own good. OSHA (The Occupational Safety and Health Administration) as well as the ADA (Americans With Disabilities Act) both have rulings when it comes to slick floors. The Static Coefficient of Friction, or SCOF, must be at least 0.5 or greater to be called a safe walking surface under OSHA, while the ADA stipulates a SCOF of 0.6 or greater on horizontal surfaces. However, the only way to measure this coefficient is to have a slip meter, which most businesses typically do not have on hand. The penalties, which can occur should your place of business not meet OSHA and ADA standards during an accident, can be compromising. Instead of standing around waiting for someone to fall, it's best if business owners are proactive and send a sample of their flooring material to slip-resistant service companies, or solicit them to come by for an inspection.
This company would be able to tell them their SCOF and make workplace safety recommendations from there. Establish a regular floor-cleaning regimen with your cleaning staff that is well documented, and do not let foreign materials or waste accumulate on walking surfaces. If you'd like to apply a slip-resistant solution to your floor yourself, first you should sweep, mop and remove any waxes from the floor. Next, apply the solution and give it time to dry. Multiple coats might be necessary to apply slip-resistance coating, depending on the type of flooring you're working with at the business premises. Safety first!