Not all personal injury lawsuits involve significant events like car crashes or industrial accidents. In fact, some of the most common personal injury claims come from people simply losing their footing, namely, slip and fall accidents. While a fall may seem trivial compared to other lawsuit claims, do not underestimate its potential damage. In 2007, slip and fall accidents were responsible for over 20,000 deaths in America and over seven million injuries.
Of course, it’s always a good idea to be aware of one’s surroundings, but if your fall is caused by a building’s poor maintenance, you may have a case for full compensation. After all, workplaces and public areas should be reasonably safe environments, and irregularities like torn carpets are a surprisingly dangerous hazard. Take a moment to consider the risks of a torn carpet and the legal ramifications of a resulting accident, as offered by our Daytona Beach legal office.
The Dangers of a Fall
Although the average fall may not prove especially damaging, falling at the wrong angle or with too much momentum can lead to serious injuries. This is particularly true for people of a certain age or those who are relatively prone to injury. In addition to typical bruises, scrapes, and sprains, a fall to the floor may result in:
- Fractured or broken bones
- Torn ligaments
- Dislocated joints
- Back or spinal injuries
- Head trauma
How Do Carpets Become Torn?
A torn carpet may seem like an oddly specific hazard, but it can actually be found all over, for a variety of reasons. In many cases, carpets simply become worn over time, thus loosening from the underlying floor and becoming torn from constant use and friction. Similarly, a carpet that is poorly maintained will more quickly and easily become worn. Occasionally, buildings will have carpet that was poorly installed in the first place, which leads to areas of it being pulled up or unevenly matched with adjacent flooring. Some buildings may even suffer from vandalism, which can also result in various tears.
Who Is Liable for a Slip and Fall Injury?
If you suffer substantial injury from a fall caused by someone else’s torn carpet, there is a good chance that the property owner can be held liable. If this is the case, you may be eligible to receive compensatory damages to cover the cost of your injuries as well as other expenses resulting from the accident. Typically, the owner of the building or property will be financially responsible for your compensation, as it is ultimately his or her duty to ensure the safety of the premises. This holds true even if it was an employee’s responsibility to install, maintain, or fix the carpet in question.
In order to successful claim compensatory damages, one of three situations must be proven regarding the accident:
- The torn carpet must have been caused by actions of the property owner or an employee.
- The owner or employee must have been aware of the torn carpet and its potential for injury, while failing to take care of the matter.
- The owner or employee must have failed to notice the torn carpet for a long enough time that they would be considered negligent in performing reasonable maintenance duties.
It is therefore reliant upon the prosecuting party to prove that the property owner in question was in fact negligent. If you are injured due to the poor conditions of a building, speak with a personal injury attorney right away so that you can begin building a strong case for compensation.
Contact Our Firm
Don’t let yourself continue to suffer financially from an accident that has already caused you enough pain. Contact our office to speak with one of our experienced attorneys to learn more or schedule a consultation.