Are Trips and Slips the Same in Personal Injury Claims?Jacksonville Accident News
Many people use the terms “trip and fall” and “slip and fall” interchangeably, but there are differences between these two incidents that you should know about. The major distinction between a trip or a slip is how the incident happens. For example:
- A person who slips on a slick surface and falls had a slip and fall accident.
- A person to trips over a hazard and then falls has a trip and fall accident.
Fall accidents happen frequently and they often result in some severity of injuries. The elderly are one of the most vulnerable groups for fall accidents. And, when an elderly person falls, their injuries are more likely to be serious and can even cause death.
When it comes to premise liability cases, property owners have a duty of care to maintain their property and keep people safe from harm. If the property owner was negligent or careless and this leads a person to have a fall incident on their property, that property owner could be held responsible for paying for the damages that result.
The state of Florida uses a comparative negligence system. This means that if you were injured in a fall accident in Florida, you can file a claim for financial compensation. This is true even if your actions contributed to the accident.
The best way to have your fall case evaluated properly and to learn about how to obtain compensation is to have your case reviewed by a legal professional. The Jacksonville personal injury attorneys at the Law Offices of Sheftall & Associates can help. You may be entitled to a significant settlement.
The important thing after any injury accident including fall incidents is not to wait to file your claim and get legal counsel. The statute of limitations in Florida for a fall accident is four years from when the accident took place. If you do not file in time, you will forfeit your right to pursue compensation.
Important Fall Accident Statistics
The following are just a sampling of the fall accident statistics as reported by the National Floor Safety Institute:
- Men and women experience an equal amount of fatal fall accidents.
- Women are more prone to slip and falls to occur than are men.
- Falls incidents made up 5% of the work-related deaths for women and 11% for men.
- Fractures as a result of a fall incident are the most common physical bodily harm that happens with 5% of all fall accidents resulting in some type of fracture.
- More than eight million people will go to the emergency room after a fall accident.
- Slip and fall incidents are the most commonly cited reason for people to have to take time off of work.
- Fall incidents are the most frequent reason for workers’ compensation claims to be filed.
- Falls are the most common reason for death from workplace accidents for individuals aged 55 and older.
- Over two million fall injury accidents happen annually because of flooring materials.
- Falls constitute half of all deaths that take place at home.
- Fall accidents that happen at home happen mostly at ground level.
- Hip fractures after a fall incident are the most serious physical bodily harm that happens after a fall accident and causes death most often.
- Almost two million people who suffer a fall incident and are aged 65 and older are treated in emergency rooms.
- On an annual basis in the United States, one out of three people that are aged 65 and older will have a fall incident. Many of these folks will suffer multiple fall accidents.
- People 75 years of age and older account for more than 60% of all the fall accident deaths reported every year.
Do Both Slip and Trip Accidents Allow for Victims to File Personal Injury Claims?
It does not matter if you tripped on a hazard or slipped on a wet floor, if it can be proven that negligence was a factor, victims may have the right to file a claim. Slip and fall and trip and fall accidents can deliver bumps and bruises to a victim. They can also have very serious implications including brain and spinal cord injuries and of course, death.
The best course of action for victims of slip and fall and trip and fall accidents that suffer physical harm like spinal cord injuries is to speak with a Jacksonville spinal cord injury attorney. It is important to establish that a property owner was negligent and violated their duty of care to those that entered their property. It is also important to figure out who is liable for paying the damages that resulted from the fall accident. Any of the following parties could be held accountable:
- A business owner.
- A manager of a business.
- A property owner.
- A construction company.
- A construction site manager.
- A local municipality.
Property owners whether they be businesses or private entities may be held liable when another party enters their property, falls, and injures themself. When a property has a defect, is not clean, has broken lights, or has other problems, the property becomes a major risk for those that are on the property.
Speak with a Jacksonville Injury Attorney Today
Florida’s premise liability laws detail guidelines on how injuries that happen on another entity’s property are to be handled. Slip and fall accidents can take place in the following situations:
- A floor is covered with a slippery substance due to a spill.
- Articles on the floor were not secure and easily moved when a person steps on them, like is the case with a loose rug.
A trip and fall accident can happen when:
- Random hazards are left out on the floor.
- The flooring is uneven and broken.
- The flooring unexpectedly sloped downward.
If a property owner knew or reasonably should have known a hazard existed and did nothing to remedy the situation, this may be considered negligent.
Call the Jacksonville injury law firm Sheftall Law after you suffered injuries after a slip and fall or trip and fall accident at (904) 638-7712 to schedule your free consultation. Consultations are always confidential and have no obligation.