Pennekamp Law

Falling Accidents- your fault or theirs?

Falling accidents occur often, for a variety of reasons and in a multitude of different ways. Occasionally, falls are simply accidents and there is no one to blame but yourself. However, in many instances falling accidents can be due to the negligence of others.

Our lawyers can help you understand whether you may have a claim for injuries caused by a falling accident.

The primary questions are where did you fall and why did you fall? Generally speaking a falling accident suffered at a privately-owned business or property such as a store, cruise ship or an office building which is caused by a dangerous condition such as uneven pavers, a slippery surface or a torn carpet may create a situation where you may be able to make a claim for your injuries.

In Florida property owners generally have a duty to you maintain their premises in a safe manner and either correct or warn of dangerous conditions that may lead to a falling accident.

However, in Florida there are number of hurdles a victim of a fall must defeat along the way to making a successful claim. LINK TO SLIP AND FALL LAW.

FREQUENCY OF FALLING ACCIDENTS

Falling accidents are the second leading cause of accidental death and a major cause of personal injury worldwide. Injuries from falling accidents is the number one reason for visits to emergency rooms in the United States.

TYPES OF FALLING ACCIDENTS

Falling accidents occur in many ways and in a myriad of circumstances. Falls from heights such as workers on ladders obviously correspond to a greater instance of death and more severe injuries but often more often than not occur in the line of work. In Florida such work-related falls often involve worker’s compensation.

Falling accidents can be generally categorized as slip and falls and trip and falls. Slip and falls describe the loss of one’s footing with one or both feet slipping out from under you. Trip and falls describe catching one’s foot, leg or ankle on something causing a falling accident.

Falling accidents can also be categorized by what caused the fall. Transient foreign object and transient foreign substance are legal terms used to describe falling accidents caused by items that don’t belong on the floor that make the surface slippery and thus dangerous. The classic example being a spill or squashed fruit in a grocery store isle.

Architectural design flaws as well as construction mistakes can also be the underlying cause of falling accidents. For example, stairs are required to meet numerous building codes to comply with safety requirements. The codes are often skirted with unpermitted work and modifications. Construction mistakes can also account for the failure of surfaces to meet the minimum building code safety standard. The use of cheap inferior flooring materials can create a falling hazard. Floors with changes in levels or even slopes present a danger unless properly designed to warn of the tripping hazard.

THE LAW

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Our falling accident attorneys can help you determine whether you may have a claim for your injuries.

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