Slip and Fall Accident
What to Expect When a Slip-and-Fall Injury Happens at School: Pursuing Personal Injury Compensation
| November 21st, 2023
Pursuing information and personal progress is paramount in educational institutions’ crowded hallways and classrooms. Despite the important goals being pursued in these institutions, schools are prone to the same risks as any other large facility, including slip and fall accidents. Such events, frequently overlooked, can have far-reaching consequences for the well-being of those in the school community.
Understanding Slip and Fall Accidents
Slip and fall accidents occur when someone accidentally slips or trips and falls, sustaining injuries. The fact that a slip and fall catastrophe could happen anywhere, at any moment, is a terrifying prospect. Victims of slip-and-falls could sustain life-threatening injuries with outcomes similar to traumatic brain injuries (TBI), spinal cord damage, broken hips, and even death.
A slip-and-fall mishap can result in medical expenses, other losses that result in an overwhelming financial burden, and the agony and suffering longterm injuries can cause. Thankfully, students have the right file an injury claim if they’ve been injured in slip-and-fall accidents. With the help of a Sacramento personal injury lawyer, their rights will be protected and compensation can be pursued.
What Are Some Common Reasons People Fall or Slip?
Knowing what factors can lead to slip-and-fall accidents is an essential step to preventing them. These types of accidents are usually a direct result of negligent property owners failing to alert people to possible hazards, such as:
Unfavorable Weather
The risk of slips and falls outside of the school may increase during inclement weather.
Improper Footwear
It might be difficult for pedestrians to navigate certain terrain in shoes that don’t fit properly or don’t have enough traction.
Distracted Navigation
Someone may lose focus while walking while talking to others, using a cell phone, or simply not paying attention.
Speeding From One Location to the Next
Moving abruptly or being in a rush and not taking precautions can increase the risk of falls in any space.
Impact of Slip-and-Fall Accidents
Accidents involving slips-and-falls significantly impact people and society. According to the National Safety Council, falling causes more than 800,000 hospitalizations each year, primarily due to head injuries and hip fractures.
What follows is a list of the typical long-term injuries that can occur because of a slip-and-fall accident. These are exactly the sort of injuries that victims can receive compensation for by pursuing a premises liability claim with the help of an injury lawyer in Sacramento.
Paralysis
Paralysis is one of the most severe and life-altering consequences of slip-and-fall accidents. The forces produced when a victim falls on their back or neck can damage the vertebrae and spinal cord.
It is unlikely that someone who has suffered a spinal cord injury will regain full function as the human spinal cord is brittle. Victims of slips and falls may experience paralysis in their legs, waists, torsos, arms, or sometimes their entire body.
Acute Brain Injury
The head is particularly susceptible to severe injuries during slip-and-fall or trip-and-fall accident. A person is more likely to sustain a traumatic brain injury when they hit their head against a hard surface such as wood, tile, or concrete floor.
Traumatic brain injuries range in severity from low-intensity concussions to severe wounds that result in brain hemorrhage and even the destruction of brain tissue. Traumatic brain injuries can have long-term and permanent repercussions, such as cognitive limitations, emotional difficulties, personality changes, and balance issues.
Loss or Reduction of Mobility
Anyone can break their hip in a slip-and-fall mishap, but older adults are more likely to sustain this kind of injury because their hips are weakened from osteoporosis, age, and prior trauma. Hip fractures can be lethal, very painful, and very disabling.
People who break their hips frequently need surgery to mend the shattered bones, and if their injuries are serious, they might even need hip replacements. A damaged hip puts a person at a significant risk for further hip fractures due to decreased mobility, poor balance, and a lack of walking confidence.
Pain
Victims of slips and fall accidents may experience broken bones, torn tendons or ligaments, and nerve damage. The effects of some of these injuries can be felt for months or even years after the body has healed.
The chronic pain that slip-and-fall victims often deal with can affect their quality of life and even their capacity to work. If the injured person used their hands and arms to brace themselves as they fell, they may experience pain in their upper bodies and lower backs, hips, legs, and even upper bodies.
Fear and Worry
When someone falls and sustains catastrophic injuries, they become terrified of it happening again. Although this often occurs only in senior slip-and-fall victims, everyone handles such events differently and some individuals are more prone to anxiety.
Such individuals may experience severe disruptions in all facets of their daily lives and routines. After their falls, they may not only be unable to work but also to enjoy hobbies, spend time with family and friends, and live freely.
Medical costs
Prescription drugs, medical care, and rehabilitation can all be very expensive. The severity of the injury and treatment cost will determine the amount of compensation received as part of the personal injury claim.
What to Do Following a Slip-and-Fall Accident at School
The following actions must be taken if a student or employee slips and falls at school:
- Seek medical attention.
- Gather and maintain evidence.
- Keep a record of your medical care.
- Inform school administrators.
- Consult an attorney.
Seeking Compensation for Slip and Fall Injuries at School
Slip-and-fall claims should be brought against the school to receive a settlement. Under the legal theory of “premises liability”, the school is liable for any student injuries brought on by negligence or dangerous conditions on school property.
Proving liability is crucial when filing a personal injury claim against a school. Schools have an obligation to protect students while on campus, and precautions must be taken to keep students and staff safe, and out of potentially hazardous situations.
If the school’s negligence was the cause of the injury, the school is held liable through a negligence guarantee. However, only a fraction of accidents that occur on school property will result in a strong claim for compensation.
How a Lawyer Can Assist in Determining Liability in a Fall Case
If a school fails to warn of a potential hazard, such as a spill or wet floor, this is evident negligence. However, the process of filing a personal injury claim against a school is not always straightforward. With a skilled personal injury attorney, Sacramento residents will see the benefits of having a lawyer pursue damages on their behalf firsthand, especially if the case goes to trial.
Whether a claim is resolved out of court or goes to trial, a personal injury attorney will offer vital advice and support. Lawyers will gather information, speak with the defendant’s attorney on your behalf, and submit all required documentation. Have you or your loved one experienced a slip-and-fall accident at school? Don’t navigate the aftermath alone. Contact us and consult with an attorney. Get access to all the knowledge you need to pursue personal injury compensation.
Pumpkin Patches and Liability: Navigating Fall-Related Injuries
| October 30th, 2023
Imagine you and your family are celebrating the fall season with a visit to the local pumpkin patch. Unexpectedly, a gust of wind picks up a piece of equipment and knocks your child out, leaving them injured.
This is just one example of the many types of accidents that can happen when visiting a pumpkin patch. If you or a loved one has been injured in a pumpkin patch accident, speaking with an experienced accident lawyer is critical.
At Berg Injury Lawyers, we can help you determine if you have a valid case and, if so, pursue the maximum compensation you deserve.
Pumpkin Patches’ Potential Risks and Hazards
Fall is the season for pumpkin patches, hayrides, and bounce houses. But have you ever thought these seemingly fun and harmless activities can lead to severe injuries or death? Sadly, they can.
Thankfully, California premises liability law holds property owners accountable for injuries on their properties. Some of the most common causes of injuries at pumpkin patches include:
- Poorly maintained corn mazes
- Aggressive animals
- Unstable bounce pads
- Defective hayrides
- Uneven surfaces or potholes
While walking through a pumpkin patch, keep in mind that various types of injuries can occur:
- Slip and fall accidents: Uneven surfaces, wet areas, or debris on the ground can cause visitors to slip and fall, resulting in injuries.
- Health concerns and allergic reactions: Some visitors may get allergic reactions to the hay, corn, or other allergens in pumpkin patches. Dusty environments may also make it difficult to breathe for people with respiratory issues, such as asthma.
- Equipment or attractions that can cause injury: Pumpkin patches often set up inflatable play areas like bounce houses as a fun activity for visiting children. If improperly installed or used, these products can result in falls or injuries as a result of being trapped inside the play area. It’s also important that any vehicles used for hayrides and other activities should be in good working order and operated safely.
- Animal-related injuries in petting zoos: Petting zoos come with the risk of bites, scratches, and other injuries. Animals must receive proper care to ensure they are vaccinated and well-fed.
- Injuries caused by pumpkin carving: Pumpkin carving is among the most common causes of Halloween injuries. A study looking at data from 2018 found that 44% of Halloween-related injuries in the United States were related to pumpkin carving.
Liability and Legal Aspects in the Context of Pumpkin Patches
Pumpkin patch owners face various legal and liability risks that could negatively affect their reputation and finances. Some legal and liability risks include:
- Premises liability: In legal terms, premises liability refers to pumpkin patch owners’ responsibility to keep their premises safe and hazard-free. Lighting, fencing, and signage should all be in place.
- Duty of care: The owner is responsible for ensuring visitors are safe while on the property.
- An attraction or equipment operated negligently: If pumpkin patches operate their equipment or attractions with negligence, leading to injuries or accidents, they could be liable for damages.
To determine liability at pumpkin patches, proving negligence is important. The term “negligence” refers to conduct that violates the legal standards of behavior for protecting others.
To establish negligence on the part of the pumpkin patch property owner, you must prove the owner did one or more of the following:
- Failed to implement reasonable safety standards
- Allowed harmful objects to remain in the area
- Employed negligent staff
How an Accident Lawyer in Modesto May Help You Seek Compensation
The only way to establish negligence and prove your case is to demonstrate that the pumpkin patch had direct responsibility for an injury, whether by failing to implement safety measures, allowing dangerous objects to remain in the area, or employing certain employees who were negligent.
Our experienced accident lawyers in Modesto can guide you through the process and determine what compensation you might qualify for if you believe you have a case. Every case is unique, and how much compensation you receive depends on your specific circumstances.
Compensation may include:
- Economic damages: These are the losses you sustained due to the injury. Economic damages could include medical bills, future medical costs, lost wages for work time missed, future earnings lost if your ability to work has been affected, property loss or damage, and other out-of-pocket financial losses.
- Non-economic damages: These are compensations for losses unrelated to your finances. For example, you may suffer physical and mental pain due to your injuries, which may warrant compensation.
Get Help from Modesto Accident Lawyers
A personal injury claim may be available if you or your child have been seriously injured at a pumpkin patch due to owner negligence. It can be overwhelming to cope with an accident or injury that occurs through no fault of your own.
By hiring an attorney, you could receive a much larger settlement from the insurance company. Contact our Modesto accident lawyers at Berg Injury Lawyers for a free consultation!
The Role of Insurance in California Slip-and-Fall Cases
| September 18th, 2023
A slip-and-fall accident can happen when you least expect it, leaving you with painful injuries and major medical expenses. Imagine you’re shopping at the supermarket, for example, when your foot suddenly slips on a wet floor. In seconds, you are lying on the ground, facing the aftermath of a slip-and-fall accident.
While these accidents may cause initial embarrassment for the victim, they can also have far-reaching consequences. In California, insurance is vital in addressing liability and compensating injured victims of slip-and-fall incidents.
Understanding the complexities of insurance coverage and how it impacts slip-and-fall cases can help you win the compensation you deserve after an accident.
Understanding Insurance Coverage in Slip-and-Fall Cases
In California, when someone slips and falls on someone else’s premises, the property owner can be held responsible for the accident. This can include slip-and-fall accidents in properties like restaurants, retail stores, or private residences.
Owners have a duty to keep their property safe for visitors. This means they must routinely check the premises for hazards, address them, or post signage to warn visitors of the danger, like the signage used for a wet floor.
If an accident occurs due to the property owner’s negligence, the victim may be able to file a claim seeking compensation for their injuries. Insurance acts like a safety net, protecting the injured person and the property owner.
Insurance claims typically cover damages like medical bills, pain and suffering, and lost wages for those harmed in a slip-and-fall. Insurance also protects property owners from paying out-of-pocket, which could result in victims not getting a fair settlement.
Types of Insurance Policies Involved
In slip-and-fall cases, there are several types of insurance policies, depending on the location and circumstances of the accident. Understanding these policies can help victims and property owners navigate the claims process effectively.
- Homeowners’ or Renters’ Insurance
Homeowners’ or renters’ insurance typically covers around $100,000 in damages for accidents that occur on residential properties, depending on the policy. If you are involved in a slip-and-fall accident in someone’s home, whether they own or rent the property, their insurance should cover you for losses related to the bodily injury you suffered.
- Commercial General Liability Insurance
Most businesses and commercial properties are protected by commercial general liability insurance. This type of insurance covers bodily injury resulting from accidents on the business premises.
Whether it’s a retail store, restaurant, or office building, this insurance can help protect businesses from liability and pay for slip-and-fall victims’ injuries.
- Umbrella Insurance
Property owners may have umbrella insurance, which provides additional coverage beyond their primary liability policies. Umbrella insurance is beneficial in severe slip-and-fall cases where the damages exceed the standard policies’ limits.
For victims, this means you can receive full compensation for your injuries, even if they exceed the property owner’s primary liability coverage.
How a Lawyer Can Help?
After a slip-and-fall accident, you can protect your rights by seeking legal assistance from a California personal injury lawyer at Berg Injury Lawyers. Our attorneys can guide you through the claims process and help you receive maximum compensation. Our expertise helps you with many parts of the process, including:
- Promptly Notifying the Insurance Company
After the slip-and-fall, we will work with you to notify the responsible party’s insurance company. This initiates the claims process and ensures that all paperwork and evidence are provided to the insurer. By contacting the insurance company promptly, you can help expedite the claims process to see a quicker resolution to your case.
- Documenting the Incident
Documenting the incident thoroughly is critical to the outcome of your claim. This includes taking photographs of the accident scene, gathering witness statements, and keeping records of medical treatment and expenses. Your attorney can help collect and organize these crucial pieces of evidence and submit them as part of a well-supported compensation claim.
- Conducting Investigations
When a slip-and-fall incident occurs, insurance companies will conduct a thorough investigation to evaluate who is at fault and the extent of the damages. This process involves scrutinizing evidence, collecting statements, and reviewing relevant documents.
Having an attorney by your side helps preserve and collect crucial evidence. They can also challenge any unfair assessments or attempts to downplay liability during the investigation by the claims adjuster.
- Exploring all Avenues for Compensation
The insurance company may offer you a lowball settlement during the claims process, hoping you’ll accept for less than you deserve. An experienced attorney can handle negotiations to help you receive a settlement that adequately compensates you for the injuries and damages suffered.
If a fair resolution cannot be reached through negotiations, your attorney can help you pursue legal action in a personal injury lawsuit.
Navigating Slip-and-Fall Claims with Expert Legal Support
Unforeseen slip-and-fall accidents can leave victims in a vulnerable and distressing situation. If you are injured in a slip-and-fall incident, our personal injury attorneys at Berg Injury Lawyers can provide the legal support and assistance you need.
Our experienced lawyers will help you navigate communications with insurers, protect your rights, and maximize your chances of a favorable outcome for your case. Contact us for a free consultation today, and let us advocate for you.
