Articles Tagged with slip and fall injuries

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National Fall Prevention Week is a critical reminder of the risk of serious or fatal injuries resulting from falls, particularly when it comes to older adults here in Southwest Florida. slip and fall

The National Safety Council is promoting fall accident prevention from Sept. 23-29, noting that every 20 minutes an older adult is killed in a fall in the United States. While younger fall victims are more easily able to escape serious injury, older adults are much more prone to suffering serious, permanent disability, as well as loss of independence and mobility after a fall accident.

Injury lawyers in Fort Myers and Cape Coral know many of these falls are preventable. Those who think fall injuries too often result in frivolous lawsuits have never suffered a serious fall. The fact is, fall injuries can be devastating. Not only do they account for the leading cause of death among older Americans, they account for one-third of all non-fatal injuries reported in the United States.

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In any negligence action, the plaintiff (person who was hurt) must prove several key elements. Those are:

  • Duty
  • Breach
  • Causation
  • Damagesslip and fall

Slip-and-fall injuries can give rise to negligence lawsuits, though every aspect must be met. Landowners owe a duty of care to visitors, and businesses that invite members of the public on site for commercial gain owe the highest duty of care. That duty may be breached when a property is not  maintained in a reasonably safe condition.

Recently, the Wyoming Supreme Court weighed a slip-and-fall lawsuit that trial court had dismissed for failure to raise genuine issues of material fact. The state supreme court reversed, sending the case back on track to trial and giving the plaintiff another shot to prove her case.

Although slip-and-fall case law and statutes may vary from state-to-state, it’s worth exploring how the issue is approached in other jurisdictions.  Continue reading →