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How to File a Slip and Fall Lawsuit

Defining Slip and Fall Law

Slip and fall injuries are frequent and can happen anywhere. Slip and fall law allows anyone who falls to the ground on another’s property and suffers severe injuries, to file a claim in order to be compensated for damages. Most slip and falls occur due to some form of negligence. State law governs slip and fall cases unless a slip and fall accident occurs on federal government property.

Although the word ‘slip’ is in the title of the law, the law governs any accident that takes place on foot, such as a stumble, overextension, twist, or other movements. Causes for these accidents include spilled liquids or food, cracked sidewalks, objects on stairs, ice and snow, broken floor tile, uneven steps, and potholes.

Filing a Slip and Fall Lawsuit

Depending on where the accident takes place, it can be hard to identify who the correct defendant is. For this reason, the court allows the plaintiff to name a ‘John Doe’ defendant until an accurate defendant can be specified. This allows the plaintiff to submit a claim on time, even though research is still being completed.

When filing a slip and fall lawsuit, the plaintiff must prove that negligence slip and falltook place. The plaintiff’s attorney will gather enough information during the investigation process to find out what the defendant knew, which is a process termed as discovery. The plaintiff has a right to obtain maintenance records, repair logs, surveillance footage, and other necessary evidence. The plaintiff’s attorney has the right to submit a subpoena request for the defendant and other witnesses to answer questions in order to discover what they knew; proving negligence took place depends on what the defendant knew about the incident.

Frequency of Slip and Falls

Falls can occur in a public place, a business location, or a home. Falls are so frequent that they are responsible for 8 million hospital emergency room visits.  They are also the number one cause of worker compensation claims, attributing as much as 85%.

The older people get, the more susceptible they are to falling and potentially being injured or killed. One out of every three people over the age of 65 will experience a fall. 67% of people who die from falls are over the age of 75.

Slip and Fall Injuries

If injured, filing a slip and fall lawsuit and winning will help cover medical expenses. The severity of an injury depends on the intensity of the fall, a person’s age, and a person’s state of health. Most common injuries include: twisting of the spine, broken bones, head injury, spinal cord injury, whiplash, nerve damage, and torn tendons.  

Even though slip and fall accidents are frequent, awareness of prevention methods can help save lives and decrease the number of injuries. One tip is to wear sturdy footwear that will provide enough grip to the ground. Businesses should do frequent inspections, making sure there are no cluttered or wet areas. People should also apply these tips when in their homes, especially if they are 65 and older.

At Los Angeles Injury Group, we’re here to help if you’ve been injured in a slip and fall accident. Please call us at (310) 954-7248 for a free consultation to discuss your case

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    Note for the readers: This post has been derived from the use of secondary sources and the information provided has not been independently confirmed. The photos depicted in these posts are not representative of the actual accident.  Any inaccuracies will be swiftly corrected once they have been brought to the site’s attention and all requests to remove posts will be honored.

    Disclaimer: This post is intended to provide general information to our readers and to honor the victims of everyday tragedies. We do not wish to cause any disrespect and none of the information contained in this post should be construed to constitute legal or medical advice. Laws vary by jurisdiction and cases often turn on minor differences In fact. Do not rely exclusively on any of the information contained in this post and seek further assistance from a legal or medical professional, where necessary.

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