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  • Writer's pictureLOTG

How to Handle a Trip & Fall Injury

Updated: May 1

Slip and fall, or trip and fall injuries, are common personal injury claims. Many factors play into the compensation a plaintiff might receive, such as the type of negligence on the property owner's behalf, whether it happened on private or public property, the severity and type of injuries, and other considerations based on the personal life of the injured.

Specifically, a trip and fall is when an object is sticking out, or the ground is uneven, causing a person to fall forward. This often results in minor injuries, although it can sometimes seriously hurt someone. A slip and fall case occurs when the body falls back due to the foot slipping forwards on something unstable, wet, or icy. The severity of injuries will partly determine the compensation awarded to a plaintiff. Insurance adjusters have a specific formula to calculate compensation owed to a plaintiff in which a major multiplier involves the extent of injuries and personal suffering. It is essential to keep and update medical records to be used as evidence in both instances.

Premises liability law is the law that makes a property owner liable for injuries suffered by the plaintiff while on their premises. These injuries are caused by hazardous conditions such as wet floors, uneven, snowy, or icy sidewalks, holes, poor lighting, or falling objects. Private residences and businesses are duty-bound to exercise reasonable care to protect people from harm while on their property. The owner must repair or inspect all dangerous conditions on their premises, or they can be liable for negligence and any resultant injuries.

A slip/trip and fall injury that occurs on public property, however, is more complicated. If the government owns the premises, the case will be determined according to local laws and ordinances. These vary from place to place, so it is vital to retain an attorney familiar with the city's statutes.

Other considerations may involve the injured plaintiff’s circumstances in life. A young person may be awarded more significant compensation than an older person due to the length of life left to live with the injuries. A person's profession may also be considered, as in the case of a professional skier whose leg is broken and will never be able to ski again. If livelihood is seriously and permanently impacted, the compensation will likely be increased.

There are many factors to consider when determining the specifics and compensation of a slip/trip and fall case. It is prudent to retain an attorney with experience in personal injury cases to evaluate your case's circumstances and help you understand what to expect.

Contact Gomerman | Bourn & Associates to begin pursuing your rightful personal injury compensation. Call 415 545 8608 to schedule your free consultation today!

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