Slip and Fall Injury Attorneys in Southaven
Southaven Slip and Fall Accident Attorneys Ready to Help
Those who have experienced a slip and fall accident understand just how serious these accidents can potentially be. Many people fall, suffering little more than a bruised body—and possibly some level of embarrassment. Others who suffer a slip and fall can be hurt much more seriously. Slip and fall accidents can leave you with unexpected medical bills, time away from work, and even life-altering injuries. You may feel frustrated about the negligence that caused your injuries, confused about the legal actions available, and worried that your financial situation will continue to deteriorate.
At Stroud, Flechas & Dalton, we want you to be able to focus more on healing and less on worrying. We will do everything in our power to ensure this happens. While there are many circumstances in which the property owner will be responsible for your injuries, in some cases, the law does not impose liability on the property owner. At Stroud, Flechas & Dalton, we have a deep understanding of the requirements necessary to pursue a slip and fall claim. We have successfully litigated many Mississippi slip and fall claims; we are knowledgeable of Mississippi laws regarding slip and falls and are highly experienced in helping slip and fall victims obtain the compensation they are entitled to receive.
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What are the Statistics Regarding Slip and Fall Accidents?
According to the National Floor Safety Institute, women are more likely than men to experience a slip and fall accident. Slip and fall accidents account for as many as one million emergency room visits and make up about 12 percent of the total number of falls in the United States. Floors and flooring materials contribute directly to more than two million fall injuries each year. The elderly are particularly susceptible to falls; more than 1.8 million people over the age of 65 were treated in ERs across the nation as the result of a fall, although this fall could have occurred in their own home, in a nursing home, or on public property. Among those who suffer a slip and fall at work, at least 22 percent of these slip and fall incidents resulted in more than 31 days away from work. The American Trucking Association reports that slip and fall injuries are the leading cause of compensable injuries in the trucking industry.
What Must You Prove in a Slip and Fall Claim?
Accidents happen, and in some instances, injuries result from those accidents. You may have legal recourse, however, when an accident is directly related to negligence. To have a successful slip and fall personal injury claim, you must be able to clearly show liability by proving the following:
- A dangerous condition existed on the property. The owner of the property, the manager, or an employee of the establishment had plenty of time to recognize the hazard and either correct it or, at the very least, place a sign warning of the hazard. The essential element is time—there was sufficient time for a reasonable person, under the same circumstances, to correct the hazard or place a warning sign.
- If the property owner, manager, or employee had plenty of time to know of the hazard and correct it or warn others of the hazard and did not do so, then it is probable there is liability.
As far as defining the term “reasonable,” as it relates to a slip and fall claim, if a person failed to act in the same manner that a reasonably prudent person would have done under the same, or similar, circumstances, then he or she could be judged to have failed to act reasonably.
At Stroud, Flechas & Dalton, we understand what is required in order to pursue a slip and fall case, and we have successfully litigated many of these cases. Examples of the types of cases that can impose liability on the landowner include the following:
- Injuries from slipping on recently mopped flooring
- Injuries from defective stairs or curbing
- Injuries from non-slip resistant or ADA deficient bathrooms/bathtubs
- Injuries from parking lot defects
- Injuries from tripping over store merchandise corrals or barricades
- Injuries resulting from building or city safety code violations
- Injuries from falling merchandise
- Inadequate security cases (ex. Assault in a store or parking lot that would most likely have not occurred if the store had provided an “on duty” security guard)
- Swimming pool accidents—death from inadequate supervision or homeowner neglect
- All homeowner liability claims
What are the Primary Causes of Slip and Fall Accidents?
While a slip and fall can happen for many different reasons, the most common causes of slip and fall accidents include:
- Spills on floor surfaces;
- Slippery floor surfaces;
- Torn or loose carpeting;
- Recessed or raised flooring edges;
- Poor lighting;
- Walkway obstructions;
- An unexpected slope on a floor;
- Changes in floor surfaces, i.e., tile changing to carpet;
- Dirty floors;
- Narrow stairways;
- Lack of handrails on stairways;
- Unusual glare on flooring surfaces;
- Freshly mopped floor surfaces;
- Unusual features, such as strobe lighting;
- Potholes in parking lots, or
- Merchandise stacked to dangerous heights.
While the choice of footwear could conceivably contribute to a slip and fall accident, this does not necessarily prohibit the filing of a slip and fall claim. As an example, a higher-end restaurant can expect that at least some of the women who eat at the restaurant will be wearing high heels, therefore should take all reasonable precautions to avoid slippery floor surfaces or any other floor issue which could cause a woman in heels to slip and fall.
Where Do Most Slip and Fall Accidents Occur?
Just as a slip and fall accident can happen for many different reasons, slip and fall accidents can also happen in many different places. The primary areas where slip and fall accidents occur include:
- Grocery stores;
- The areas around swimming pools;
- Restaurants;
- Construction areas;
- Escalators;
- Moving sidewalks;
- Restrooms;
- Bars;
- Parking lots;
- Curbs;
- Mall areas;
- Nightclubs;
- Stairways, and
- Curbs
What are the Most Common Injuries Resulting from Slip and Fall Accidents?
It is extremely important that you seek medical attention following a slip and fall accident. Far too often, a person who suffers a slip and fall accident is embarrassed enough that he or she jumps up and hurries home. Later, after the rush of adrenaline experienced during the fall has worn off, the injuries may become apparent. Some of the more common injuries suffered in slip and fall accidents are bruises and cuts, head injuries, hip fractures, fractures of the forearm, leg, ankle, pelvis, upper arm, or hand, traumatic brain injuries, and neck and back injuries. Often a slip and fall injury is a soft tissue injury that can be difficult to measure with traditional equipment, such as x-rays. This can create complications with the slip and fall claim, as the insurance company may argue the injuries are not significant.
What Should You Do Following a Slip and Fall Accident?
You should always seek medical attention immediately after your slip and fall accident, however, if you are able, you should snap a few photos of the hazard which caused your slip and fall. If there were witnesses to your slip and fall, it could be extremely helpful to obtain names and numbers from each witness. Once you are home, write down every single fact about your slip and fall that you can remember. The combination of the photographs, your notes, and witness statements can be an invaluable resource for your Mississippi slip and fall injury attorney as he or she builds your claim.
How Can Stroud, Flechas & Dalton Help You Following a Slip and Fall Accident?
If you or a loved one has suffered an injury while on public property or on another person’s property in Southaven, DeSoto County, Horn Lake, Hernando, Olive Branch, or another Northern Mississippi or Memphis metro-area community, contact the Southaven personal injury lawyers at Stroud, Flechas & Dalton today. We want to help you heal, protecting your rights and your future every step of the way.