Slip and Fall Accidents Increase Nationwide
In the United States falls are one of the leading causes of personal injury. OSHA gave a report in 2010 that slip and fall accidents leading to injuries and deaths are only slightly less common than car accidents causing the same sorts of devastation. This means that slip and fall events are the second most common type of accident causing serious harm in the United States today. The CDC tells us that over 1 million individuals overall in the United States fall victim to slip and fall accidents annually; more than 17,000 of those injured perish as a result of their misfortune.
Despite their reports from the National Insurance Crime Bureau, or NICB, that there has been a 57% rise in potentially fraudulent slip and fall insurance claims, statistics, reports and evidence from both the CDC and OSHA show otherwise. According to these two government agencies, the increase and slip and fall incidents nationwide is a valid concern for the health and safety of American citizens. The increased number of these types of claims filed is primarily due to the serious injuries, disabilities or even deaths caused by accidents that are the fault of other careless or negligent individuals and the victims are merely pursuing just recompense and justice.
Slip and fall claims fall under premises liability law, which states that all property owners and businesses are legally obligated to provide a reasonably safe environment for others and are legally liable for those injured they fail and their duty.
Slip and fall accidents primarily occur when the victims encounter obscured hazards on another's property that the property owners had illegally disregarded and failed to remedy. Property dangers considered valid in slip and fall claims include hidden holes in walkways, unsecured floor mats, snow or ice on walkways, clear ice, defective flooring, inadequate lighting, long-standing puddles of water and hazardous steps or stairways.
Victims of slip and fall incidents must prove that the property owner either knew about or should have known about the danger that caused the incident and had a reasonable amount of time to remedy the hazard. Victims must also be able to demonstrate and document their injury; the more serious the injury the more likely they are to win an appropriate settlement. Next, slip and fall victims must reasonably prove that the hazard was a direct cause of the slip and fall accident and injury. Finally, if the hazard was clearly evident, the victim may be partially held at fault for failing to uphold a reasonable care for their own self while navigating the property.
Premises liability law is exacting and intricate while slip and fall claims have many statutes and time limitations. Any victim of a slip and fall injury should see legal counsel to guide them through this challenging legal process for the best outcome.