Many people think of falling as something that is funny or minor, but the last time that most people took a serious fall was when they were children – and significantly lower to the ground. Those who have been injured in a slip and fall accident know better – despite the seemingly small event, you can be left with serious injuries.
Especially if you are elderly or already injured – but even if you are healthy – you can be stuck with injuries that stay with you for the rest of your life. Especially when sidewalks or other premises are wet and slippery, icy, or dangerously uneven, many slip and falls are due to the negligence of someone else. If you have been injured because of someone else’s negligence in Springdale, and suffered injury from a fall, contact Ken Kieklak, Attorney at Law at (479) 316-0438.
Slip and Falls Can Cause Serious Injury
One of the worst things about slip and fall cases is that the fall is so sudden. A slip and fall victim goes from standing to landing on the ground in an instant. For most people, this is not enough time to react, or our reactions only add to our injury. For most adults, bracing for a fall with your arms can result in broken bones in the wrist or arms. Being unable to brace your fall can result in broken collar bones, hips, knees, elbows, and other injuries.
Falling to the ground can be even worse if you hurt your back. Sudden impact to your spine, especially if you land something hard, can do damage to your spinal column and the sensitive nerves within it. Your spine is made up of a series of tube-like bones called vertebrae. Through each vertebra runs a bundle of nerves known as the spinal cord, which is responsible for sending signals from your brain to the rest of the body. If a fall throws your spinal column out of alignment, the bones can pinch on the nerves, causing loss of sensation, pins and needles sensations, numbness, or even paralysis.
No matter how you land, you can injure your head and brain. Unless you land upside down, your head is usually the last part to hit the ground. Sometimes, you can prevent your head from hitting the ground, but other times, your head is snapped toward the ground with extra force. Though your skull is a tough bone, your brain is still quite fragile within your skull. When you hit the ground, your brain may move within your skull, damaging brain tissue when it impacts the inside of your skull. In some cases, this results in a concussion, and in even more severe cases, it results in traumatic brain injury. This can lead to changes in thinking and mood, as well as nausea, loss of coordination, blurred vision, and even death if left untreated.
It is always important to seek medical treatment after sustaining an injury in a fall.
Who is Liable for Slip and Falls?
In order to hold another party accountable for your injuries, there must be something that they did wrong. In some cases, this is an intentional act, such as tripping or pushing. In most cases dealing with falls, though, it is the defendant’s “negligence” that causes injury. In order to prove any negligence case, four elements must be shown:
- The defendant had a duty to the plaintiff.
- The defendant breached that duty.
- The breach caused the plaintiff injury.
- The plaintiff suffered some harm which the court can make up for (called damages).
In the case of a slip and fall, the duty is usually to maintain the premises so that it is safe for people to walk on. If a home or business owner fails to properly maintain their sidewalk or the interior of their building, when guests or passersby walk on their premises, they may be in danger. That means things like failing to de-ice a sidewalk or clean up a spill in a business’ lobby may lead to liability for someone’s injuries.
As long as a plaintiff can prove in court that their injuries are because of the defendant’s breach of duty, and can prove they were in fact injured, they should be able to recover all medical expenses, lost wages, and pain and suffering damages due to their injuries.
A Springdale Slip and Fall Attorney can Help You Recover Damages
If you have slipped and fallen due to someone else’s failure to properly keep their premises dry and clear of snow or ice, or because of any other failure, you may be able to get financial compensation for your injuries. If you are in the Springdale area, contact Ken Kieklak, Attorney at Law. Ken handles slip and fall cases in the Springdale area and will fight to get you the compensation you deserve. For a free consultation, call (479) 316-0438.