Just because you fall on someone else’s property doesn’t necessarily mean the property owner is responsible. Each case is different and depends on whether the property owner knew or should have known about a hazardous condition.
The experienced and knowledgeable team of attorneys at McEnery Price Messey & Sullivan will thoroughly evaluate your injury. In a trip or slip and fall case we often go to the location of the fall with you, or send our investigator out to take photographs and measurements of the scene. This is extremely important in a fall down case, especially in cases of slipping on accumulated ice. If your case is determined to have merit, you may recover damages for your medical bills, lost wages, pain and suffering and the cost of future medical needs.
Every case is different so it is important to contact a slip and fall attorney as there is a limited amount of time for you to file suit. It doesn’t have to be 100% the owner’s fault for you to recover. We will evaluate the case and let you know whether we think we can get you a successful result.
Children & Falls
Children are injured in many falls, but unlike adults, they are usually injured in a fall from some height, such as from playground equipment. The National SAFE KIDS Campaign reports:
• In 2012, unintentional falls resulted in nearly 3 million injuries in children that required treatment in an emergency room.
• Recent reports show falls killed about 80 children ages 14 and under in one year.
• More than half of fall-related injuries among children occur among ages five and under.
• About 18 children ages 10 and under die annually from falls from windows. Another 4,700 children ages 14 and under will require treatment each year for window fall-related injuries.
• Infants are more likely to fall from furniture, baby walkers, and stairs.
• Toddlers tend to fall from windows.
• Older children fall more often from playground equipment.
• Children ages 10 and under sustain fall-related injuries twice as often as other children.
• Boys are twice as likely to die from fall-related injuries than girls.
• Playground falls cause more than 200,000 children, ages 14 and under, to require emergency room treatment.
• The most severe playground-related injuries are due to falls (90 percent). One-third of playground-related fatalities are due to falls.
• Children ages 4 and under tend to suffer injuries to the face and head from playground-related injuries, while older children are more likely to injure arms or hands.
Older Adults & Falls
Older adults are often involved in slip and fall type accidents in parking lots, restaurants, supermarkets, shopping centers, healthcare facilities, at the home of a friend or neighbor, and even in their own homes. A serious problem for people in this age group is the degree of injury – often a fractured hip, head trauma, or even death. According to the Center for Disease Control, in 2012 one in five seniors age 65 and older were treated in emergency departments for fall-related injuries and more than 722,000 were hospitalized.
If you fall and get hurt, here is a list of things you should do:
• Seek medical attention immediately;
• Report the fall immediately to an individual responsible for the property where the fall occurred. Get the name of the person to whom you reported your fall;
• Take pictures of the site where the fall occurred as close as possible to the time of the fall – use your cell phone camera if you don’t have a camera with you. This is very important in cases of slipping on accumulated ice;
• If a representative of the business calls you after the incident, do not give them a statement;
• Do not give recorded or written statements to any insurance adjusters about your injuries or about how the fall occurred;
• Do not accept an immediate settlement for your injuries;
• Take pictures of any visible injuries you have;
• Take notes and/or make a timeline while events are fresh in your mind;
• Include in the timeline the following: date, time and place of the fall, names and addresses of involved parties and/or witnesses, what you did for the remainder of the day following the incident, name and address of each medical provider with whom you treated for injuries from the accident, and dates and times of medical appointments;
• Obtain a copy of the incident report or police report if the police were called;
• Get names and contact information for any witnesses;
• Keep a record of all medical treatment including doctors, hospital, ambulance company, physical therapists, chiropractors, etc.;
• Keep a copy of all receipts for out of pocket expenses such as medical co-payments, prescriptions, etc.;
• Keep a copy of any “explanation of benefits” that you receive from your health insurance company;
• Bring all of the above with you when meeting with the slip and fall attorneys at McEnery Price Messey & Sullivan.