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slip-and-fall, New Braunfels personal injury attorneyWith slapstick banana-peel slips featured prominently in many comedy television shows and movies, many people assume that a slip-and-fall cannot be a serious injury. But the truth is much different. Each year, falls account for more emergency room visits than any other injury. Similarly, workplace falls account for more missed days and more workers’ compensation claims than any other cause of injury.

Strictly speaking, landowner liability claims are negligence cases: if the defendant breaches a legal duty, and that breach caused injury, the defendant is liable for damages. But slip-and-falls work a bit differently, at least in some respects.

Duty

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landowner liability, negligence, New Braunfels Personal Injury Lawyer

Although it is more than one hundred years old, a decision by the Massachusetts Supreme Court provides one of the clearest examples of negligence in a landowner liability case.

Facts

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slip and fall casesOne of the most common forms of premise liability lawsuits are slip and fall cases. These types of lawsuits can emerge from almost any setting. As the National Safety Council reports, nearly 10 million emergency room visits per year involve slip and fall cases. Though the name might sound somewhat harmless, a slip and fall can result in broken bones, damaged ligaments, concussions, and many other injuries that may have long-lasting consequences. These often require expensive medical bills, time off of work, and physical rehabilitation before life for the victim returns to normal. Given the frequency and severity of these cases, many people are concerned about what exactly constitutes a slip and fall case. What Should I Do If I Have Fallen? After sustaining a fall, the first priority should be to seek medical help. Slip and fall cases are well known for causing serious injury that can only get worse if ignored. Health and well-being should always come first. It is incredibly important, however, to seek the counsel of an attorney afterward. This ideally should happen before speaking to any representatives of insurance companies and the property owners. Slip and fall cases are often intricate matters and can fall apart very easily if an honest mistake happens while reporting the incident to an insurance company. Many insurance companies will even attempt to frame a kind of “open and obvious” practice in order to demonstrate that the accident was really the fault of the victim and not a result of negligence on behalf of the property owner. Is My Case Considered a “Slip and Fall?” The name “slip and fall” can be somewhat vague for most. It is not incredibly specific and can cause many victims to be confused about whether or not their case even constitutes a slip and fall. In all slip and fall cases, the defendant must be an invitee, licensee or a trespasser. The classification will often determine the outcome of the case. Those whom the property owner invited to the premises are invitees. This term applies to guests in a place of business, customers, babysitters, or servants. Invitees typically benefit the most from slip and fall cases since they trusted their safety with the property owner. People that enter a property for their own interests, such as independent contractors, are licensees. Slip and fall cases in which plaintiffs are licensees are somewhat harder to win. Trespassers, those who have no right to be present on the property, often face an uphill battle in slip and fall cases. While it is possible for a trespasser to receive compensation for a fall, it requires significantly greater evidence. What Will I Receive from a Slip and Fall Case? No two injury cases are exactly alike, so compensation often varies. Depending on the circumstances, victims can typically expect to receive compensation for medical bills and physical rehabilitation. Damages to cover time off of work are also common in successful slip and fall cases. If you recently slipped and fell on someone else's property and are searching for a New Braunfels personal injury attorney, consider contacting The Bettersworth Law Firm about your case. Call us at 830-606-0404.

slip and fall, personal injury, Texas injury lawyer, New Braunfels attorneyAccording to a report from the Worldwide Cleaning Industry Association (ISSA), there are more than one million restaurant customers who sustain injuries from slip and fall accidents every year. They also report that 3 million restaurant employees are injured every year in slip and fall incidents. These injuries are costing the restaurant industry over $2 billion annually. Other studies the group cites in their report indicate that the number of combined injuries is growing by at least 10 percent each year.

The owners of these businesses have a responsibility to ensure that their establishments are safe for visitors. Regular inspections of the entire location should be done to ensure there are no hazards that could cause patrons or employees to slip and fall.

The report recommends that restaurant owners select high-traction flooring that is slip-resistant. Owners should also make sure that any carpets or mats are not wearing away or lose. It is recommended that the difference between any flooring and mat or carpet should be no more than one-fourth to one-half inch in order to avoid creating a tripping hazard. Any cleaning products used on flooring should be specifically slip-resistant.

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head injury, New Braunfels personal injury lawyer, personal injury attorney, negligenceA new study by Scottish researchers from Institute of Health and Wellbeing at the University of Glasgow has revealed that adults who are hospitalized with minor head injuries are at almost twice the risk of dying within fifteen years of their injury than someone with no head injury.

Many studies have proven that there is a high risk of death subsequent to a severe head injury, but until now, there had not been a significant amount of research on the effects of minor head injuries. The study’s results were published in the Journal of Neurology, Neurosurgery and Psychiatry, but the researchers are not sure whether it’s long-term effects from the injury or lifestyle that causes the risk to double. The researchers looked at medical records from February 1995 to February 1996 of 2,428 adults who were hospitalized with mild head injuries. The team also had a comparison group of patients who had been hospitalized for other medical issues other than head injuries. A second comparison group was made up of people who had no history of any head injuries and had not been hospitalized. The study then focused on what happened to the subjects of all three groups over the next 15 years. The head injury patients died at a rate of 2.45 percent every year. The first comparison group died at a rate of 1.96 percent every year and the second comparison group had a death rate of 1.34 percent every year. There were more marked differences in mortality rates with the group of minor head injury patients under the age of 55 years old when the study began. Their chance of dying was four times larger than the second comparison group. Researchers also found that adults who get minor head injuries typically have a less healthy lifestyle, including both heavy drinking and lack of exercise, prior to and after being injured. There is also often a history of head injuries. That, the authors of the study say, could be the result of “chronic brain changes” caused by multiple head injuries, but that more research is needed before making a definitive conclusion. If you have suffered head injuries caused by a slip or fall due to a property owner’s negligence, contact an experienced New Braunfels personal injury attorney to find out what civil actions you may be able to take against the owner.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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