Who Is Liable For Your Fall?

Sure, anyone can fall just because they’re not paying attention or because they’re clumsy.  Even so, plenty of falls are preventable.  That’s right, all too often falls are the result of environmental influences that, had they been addressed in a timely manner, would have posed absolutely no danger.  If you’ve experienced a fall that resulted in serious injuries, perhaps consulting with a local personal injury attorney could benefit you.

Potential Hazards While Walking 

All property owners and/or occupiers are responsible for providing a safe environment for people who will be on the property.  Otherwise, the courts may determine that negligence was a central factor should an accident occur, making liability a legitimate concern. Whether a fall occurs in a personal residence or a public establishment, if negligence was a factor, fall victims can go to court to collect damages. To prove liability, four facts must be established:

• There was a duty to protect;
• That duty was breached;
• A real injury occurred;
• The action (or lack of action) was directly the cause of the injuries.

In other words, when a hazard that could and should have been mitigated prior to the accident was neglected, and that hazard ultimately contributes to an incident resulting in injuries, the liability may land flatly on the person who owned or resided/operated on the property.

What is a Hazard? 

Some common dangers that lead to falls include:

• Obstructions in walkways;
• Poor lighting;
• Spills that have not been mopped up for an unreasonable length of time;
• Throw rugs that are placed on slick floors;
• Loose or damaged carpeting;
• Thresholds in doorways that are slightly raised or lowered;
• Narrow pathways that impede the passage of pedestrians;
• Stairs that have clutter on them;
• Ice or snow that has not been removed in a reasonable amount of time;
• Damaged sidewalks or boardwalks;
• Loose or damaged hand railings.

Did You Know? 

The Centers for Disease Control and Prevention (CDC), reports some disturbing facts relating to falls in this country:

• 20 percent of falls send people to the hospital with head injuries or fractures;
• Traumatic brain injuries (TBI)occur more frequently following a fall than from any other type of accident;
• More than three million seniors wind up in emergency rooms every year following serious falls, the most at-risk group in the country;
• Medical costs associated with falls exceed $50 billion every year in the United States.

Your Legal Advocate 

It’s almost inevitable that, following a fall, a battle over liability will ensue.  That’s why you want the Baltimore personal injury lawyers at The Law Office of Hasson D. Barnes fighting for you.  Contact our office today for a free, confidential consultation regarding the circumstances of your case.

Source:

cdc.gov/homeandrecreationalsafety/falls/adultfalls.html