Slip and fall injuries include falls due to water, ice, snow, abrupt changes in flooring, poor lighting or a hidden hazard.Property owners are responsible for any slip and fall injuries that occur on their property due to hazardous or dangerous conditions that the owner knows about or should know about. These conditions could be permanent such as broken concrete on the walkway or temporary such as a milk spill in the aisle of a supermarket.
If the situation is temporary, the length of time that the condition has existed may be a factor in determining if the property owner is liable for any slip and fall injuries. If the condition appeared just before the accident happened, the property owner may not be liable as they may not have known about the condition and they may not have had time to resolve the issue. However, if the condition was present for a long time or is a recurring incident, the property owner may still be liable for any slip and fall injuries.
How much is awarded for slip and fall injuries is determined by where the case is filed and by the extent of a person's injury. Settlements inside the city are generally rewarded more than those outside of the city where the cost of living is lower. Many factors are taken into consideration when determining the value of a case of slip and fall injuries.
These factors include what happened to cause the accident, where it happened, insurance coverage, how much money the defendant has, how severe the injury is, whether it's a good case or not, the assets and insurance of anyone else who is in any way part of the accident, and the lawyer presenting the case.
The term damages refers to the dollar amount awarded to a slip and fall case. The two types of damages are general damages and special damages. General damages includes things such as the wages lost if the injured person is prevented from working and not being promoted at a job that would have promoted the individual if the accident had not occurred.
Other items include not being able to drive or do simple chores, loss of ability to partake in hobbies and pain and suffering. Pain and suffering is the most common type of damages awarded for slip and fall injuries and includes placing a value on the pain and suffering that the person has endured due to the ailments.
Special damages refers to things such as covering any costs incurred related to the slip and fall accident. This includes hospital stays, any medical supplies needed, transportation costs to and from doctor's appointments, and any child care that might be needed.
If slip and fall injuries do occur on the owner's property, that the injured party should inspect the area of the incident. They should write down what caused them to trip, anyone who saw the incident, the names, addresses, and phone numbers of anyone who lives in the vicinity. They should also record how they felt directly after the slip and fall accident. This information will be helpful in describing the incident to an attorney when help is sought.
If you or anyone you know has been involved in a slip and fall please call Jason C. Foulger at 801-615-1951.
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