5 Steps After a Slip & Fall That Will Help Your Personal Injury Claim

Posted by Anapol Weiss on Jun 6, 2016 3:30:00 PM

Unkempt hazards on residential or commercial premises put guests in danger of falling. While it may seem as if bodily harm from a slip, trip or fall would most often involve superficial injuries, some victims have suffered catastrophic consequences. In fact, one in five falls causes serious harm, and more than 700,000 patients are hospitalized every year because of a fall injury.

A serious slip and fall incident is a jarring experience followed by a great deal of commotion. As shock and confusion set in, it’s easy to overlook important actions to protect victims both medically and legally. Below are five steps to take immediately after you or a loved one is injured in a fall.

Steps to take after a slip and fallSeek medical attention right away. Pain and injuries resulting from a fall can worsen over the coming days, so it’s important to begin receiving treatment immediately. Your medical records will also provide documentation of your injuries should you file a slip and fall lawsuit to seek justice and compensation.

Report the fall and injuries to the property owner. If the fall occurred in a commercial location, ask the manager to file a report of the accident and to provide you with a copy.

Take photos and video of the location of the incident as well as the specific conditions that led to the fall. In addition to capturing the setting, photograph your injuries resulting from the incident.

Collect the contact information of witnesses, who can help prove later that hazardous conditions led to your injuries.

Contact a qualified slip and fall lawyer to protect your legal rights. Each state limits the amount of time an injured person has to file a lawsuit, so speaking with a lawyer right away can ensure you do not miss an important deadline if you decide to file a personal injury lawsuit.

A complex situation arises when a slip and fall incident leads to death or serious injury. For decades, the slip and fall lawyers at Anapol Weiss have successfully represented injured victims and the families of those who died in premises liability lawsuits. Contact our firm to speak with a highly qualified slip and fall attorney if you or a family member was hurt. We can investigate your case and determine if you are eligible to file a suit.

Topics: Slip and Fall, Personal Injury, Premises Liability

Slip and Fall Lawsuits: Licensees, Invitees and Trespassers

Posted by Anapol Weiss on May 19, 2016 3:30:00 PM

Property owners and those occupying a property are expected to keep the premises reasonably safe to prevent a slip and fall injury or other accident. In addition to state-specific laws, an owner’s liability depends on whether the injured visitor was considered a licensee, invitee or trespasser.

Licensees

A licensee is a visitor who is permitted to be on the property for a specific purpose. Property owners/occupiers may be held liable for licensees’ injuries that occur as a result of the owner/occupier’s failure to exercise care to prevent injury on the property when the owner/occupier knew or had reason to know of a dangerous condition, and the licensee did not have reason to know of the dangerous condition. 

Invitees

An invitee is a visitor and  is typically either a public invitee or a business invitee.  Invitees include social guests and family members who do not live on the premises, as well as customers on commercial properties like retail stores and restaurants, who are invited  onto  the premises. Property owners/occupiers owe invitees the highest duty of care, and liability for injuries results if a dangerous condition on the property is known or should have been discovered by the owner/occupier, and he or she fails to keep the property safe from that condition. 

Trespassers

Property owners also owe a duty of care to trespassers, meaning persons who do not have expressed or implicit permission or the lawful right to be on the property, but only if  the owner/occupier  is aware or can reasonably anticipate a trespasser’s presence on the property, and only if the owner/occupier was  guilty of willful or wanton negligence or misconduct.  

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Contact Our Firm for Assistance

Contact Anapol Weiss to speak with a slip and fall attorney if you were injured as a result of a property owner’s failure in preventing hazards on the premises. Our slip and fall lawyers can investigate the situation and answer your legal questions.

Topics: Slip and Fall, Personal Injury

Slip and Fall Accident Statistics

Posted by Anapol Weiss on May 9, 2016 3:30:00 PM

Slip and fall accidents are much more common than most people realize. According to a report by the Centers for Disease Control and Prevention (CDC), millions of Americans fall every year and 700,000 of them are hospitalized with fall-related injuries. 

Slip and fall accidents are associated with a long list of serious health consequences. They are the most common cause of traumatic brain injury (TBI) and regularly result in hip fractures and other broken bones. In other cases, a fall can be deadly. The National Floor Safety Institute says half of all accidental deaths in the home are caused by a fall.

The below graphic illustrates the prevalence and seriousness of slip and fall injuries in the U.S.

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Falls are Preventable.

When a person is injured in a fall on poorly maintained property, those responsible must be held accountable for their negligence. If it happened to you or a family member, contact the slip and fall lawyers at Anapol Weiss for assistance. Our highly qualified legal team can investigate the situation and answer any legal questions you may have.

Topics: Slip and Fall, Personal Injury

The Benefits of Speaking with a Slip and Fall Attorney Right Away

Posted by Anapol Weiss on May 2, 2016 3:30:00 PM

A slip and fall injury is not to be taken lightly, especially those that happen on a poorly maintained premises. When property owners fail to do their due diligence in keeping the premises safe, they must be held accountable for preventable injuries that occur.

A fall can be deadly or cause permanent injuries. In fact, one in five falls causes a serious injury such as a head injury or broken bones, according to the Centers for Disease Control and Prevention (CDC). More than 700,000 patients a year are hospitalized for a fall-related injury – most commonly involving a head injury or hip fracture.

Slip and fall lawyers

What kind of recourse do victims have for injuries caused by unnecessary hazards? Depending on the details of the situation, slip and fall victims may be able to file a lawsuit to seek compensation and justice for their injuries. The first step is to select a qualified slip and fall lawyer.

Choosing a Slip and Fall Attorney

It’s important to hire a personal injury lawyer with success representing victims in premises liability cases, which hold property owners accountable for injuries resulting from their failure to maintain the area. Qualified slip and fall lawyers know how to identify and gather important facts about the victim’s fall, why it occurred, and the actions the property owner should have taken to prevent injury.

Why Victims Should Take Action Immediately

Each state limits the amount of time a person has to file a personal injury lawsuit. Victims who contact a slip and fall lawyer right away allow more time for investigation and therefore increase their chances of bringing a successful claim.

Further, building a strong case is critical to obtaining compensation, and evidence can disappear over time. A slip and fall attorney will begin investigating the situation immediately to ensure every detail is noted and pursued.

Contact Anapol Weiss for Assistance

For decades, the slip and fall attorneys at Anapol Weiss have successfully represented victims injured on unsafe premises. If it happened to you, we can help. Contact our firm for assistance.

 

Topics: Slip and Fall, Personal Injury

Can I File a Slip and Fall Lawsuit for Injuries on Stairs?

Posted by Anapol Weiss on Apr 27, 2016 11:30:00 AM

Stairs in any type of building, whether it’s commercial or residential, can present serious hazards if they are not well maintained. When a property owner fails to take care of these dangerous conditions and a person is injured, victims may be able to seek justice and compensation through slip and fall lawsuits.

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Stairway hazards may include:

  • Slippery surfaces, including worn carpeting or wood and overly polished surfaces
  • Wet or icy stairs outside
  • Missing, broken or improperly installed railings
  • Uneven stairs
  • Improper stair height or depth

When a person is injured and files a slip and fall lawsuit, he or she must prove that the property owner was negligent in caring for the property. While specific state laws vary, the person who was injured will generally have to prove:

  1. The defendant owned, occupied, or leased the property on which the stairs are located
  2. The defendant was negligent in the use of the property
  3. The plaintiff was injured on the property
  4. The defendant’s negligence was a substantial factor in those injuries

Property owners are responsible for keeping their premises reasonably safe for others. This may require regular inspection of the stairs, making necessary repairs, and proving adequate warnings of potential hazards before someone gets hurt.

Contact Anapol Weiss for Assistance

For decades, the slip and fall lawyers at Anapol Weiss have been successfully representing people who were seriously injured on poorly maintained and hazardous premises. If you or a family member suffered a slip and fall injury, we can help. Contact our firm for assistance.

 

Topics: Slip and Fall, Personal Injury

Preventing Accidents In and Around Swimming Pools

Posted by Anapol Weiss on Apr 18, 2016 3:30:00 PM

With the gradually warming weather comes an increase in outdoor activities for both adults and children. It is therefore very important that property owners – particularly those with a swimming pool –take precautions to prevent injury.

Slip and fall accidents around swimming poolsDrowning ranks fifth among the leading causes of unintentional injury death in the U.S., according to the Centers for Disease Control and Prevention (CDC). Among children between the ages of one and four, most drowning incidents occur in home swimming pools.

Both public and private swimming pool owners have a duty to maintain a reasonably safe environment for anticipated use. When they fail to uphold that duty, property owners may potentially be held liable for injuries that happen in or around the pool.

Some states follow the attractive nuisance doctrine, which states that owners are responsible for preventing pool accidents involving young children who may not appreciate the danger of drowning – even when those children are trespassing. This includes a duty to prevent and discourage access to the pool. The CDC offers a few recommendations to improve pool safety at home:

  • Install a four-sided isolation fence, which separates the pool area from the house and yard. The height of the fence should be at least four feet and contain self-closing and self-latching gates that open outward. These fences reduce a child’s risk of drowning by 83 percent when compared to three-sided property-line fencing.
  • Clear the pool and surrounding area of toys to discourage children from entering the pool area unsupervised.

Further, property owners can prevent pool accidents by replacing damaged ladders and equipment and warning swimmers about dangers that may not be obvious – such as hidden obstructions that make the pool too shallow for diving.

People can be killed or permanently injured when a property owner is negligent in maintaining safety in and around the pool. If you or a loved one suffered a slip and fall injury or worse around a swimming pool, we can help. Contact the New Jersey and Pennsylvania personal injury lawyers at Anapol Weiss for assistance today.

 

Topics: Slip and Fall, Premises Liability

Important Factors in Premises Liability Injury Cases

Posted by Anapol Weiss on Apr 8, 2016 3:30:00 PM

Premises Liability LawsuitsIn a premises liability case, a property owner is potentially held liable for injuries resulting from dangerous conditions on the property.

Premises liability may involve incidents including:

  • Slips, trips and falls
  • Swimming pool injuries
  • Accidents during construction, remodeling or renovation
  • Fires
  • Animal bites
  • Criminal attacks

While specific laws vary from state to state, the plaintiff will generally have to prove:

  1. The defendant owned, occupied, or leased the property
  2. The defendant was negligent in the use of the property
  3. The plaintiff was injured on the property
  4. The defendant’s negligence was a substantial factor in those injuries

Property owners have a duty to make the premises reasonably safe for others. This may mean regularly inspecting the area, keeping up with repairs, and proving adequate warnings of potential hazards. When a person is injured and files a premises liability personal injury lawsuit, he or she must prove that the property owner was negligent in caring for the property.

Further, a plaintiff in a premises liability case must show he or she was injured. Beyond the victim’s testimony, medical records and experts can give additional evidence of the extent of the injuries and treatment and how those things affect different aspects of the victim’s life.

Contact Our Firm for Assistance

Premises liability cases are complex legal matters that require the skill of an experienced law firm. For decades, the Pennsylvania and New Jersey personal injury lawyers at Anapol Weiss have obtained justice and compensation for people who were injured as a result of a property owner’s negligence. Contact our firm for assistance if you were injured.

 

Topics: Slip and Fall, Premises Liability

Slip and Fall Accidents: When are Homeowners Responsible?

Posted by Anapol Weiss on Mar 23, 2016 3:30:00 PM

Homeowners have a responsibility to maintain their property and keep their visitors safe – that means taking appropriate precautions and fixing issues on the property that could be hazardous.

slip_and_fall_at_home.pngHazards in the home can result from:

  • Uneven or broken pavement and steps
  • Broken hand railings
  • Inadequate lighting
  • Cords, equipment and other items in footpaths
  • Failure to remove snow and/or ice from driveways and walkways in the winter

Someone who is injured may be able to hold the homeowner and his or her insurance responsible for resulting medical bills and other damages. Those who may be eligible to file a premises liability claim include injured family members, guests and “invitees” such as contractors, postal workers and others. Surprisingly, solicitors and other trespassers who enter a property without the owner’s expressed consent may also be able to hold homeowners accountable if they are injured in a fall on the property.

Contact Our Firm for Assistance

It may be difficult for victims to decide to file a claim for a slip and fall injury, especially if they know the homeowner. However, bills and expenses can pile up, especially if the injury has forced a person to take time off of work to recover. Filing a claim can help victims and their families obtain compensation for medical bills, lost wages and other damages related to the injuries.

Contact Anapol Weiss if you or a loved one suffered a slip and fall injury on another person’s property. These lawsuits are complex legal matters that require the skill and knowledge of an experienced legal team. We can help.

Topics: Slip and Fall, Personal Injury

Injuries from an Indoor Slip and Fall

Posted by Anapol Weiss on Feb 23, 2016 3:30:00 PM

Property owners may be held legally responsible when they fail to take appropriate precautions or fix an issue that leads to a slip and fall injury. Below are a few conditions that can result in an indoor slip, trip and fall incident.


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Floors, Carpets and Mats

When property owners mop, wax or polish their floors, they are expected to provide adequate warnings that the floors may be slippery. Barriers and warning signs may be used to alert unsuspecting people of potential hazards. In addition, incorrect application of cleaners or polish to a floor can create liability if someone gets hurt. Property owners may also be held accountable if a slip, trip or fall occurs on an improperly maintained carpeted floor, rug or mat.

Escalators and Elevators

A high standard of safety is needed with the use and maintenance of escalators and elevators, as they transport numerous people at one time. People can fall and become badly injured when an escalator or elevator moves suddenly or unexpectedly or when articles of clothing or body parts get caught in an escalator or elevator. To avoid catastrophic injuries, property owners are responsible for ensuring escalators and elevators are well maintained and functioning properly at all times.

Steps and Stairs

Stairs can become worn and dangerous over time if left unkempt. In addition to damaged and rounded step edges, trash and debris as well as missing handrails and non-skid surfaces can create hazards for those using the steps. A property owner may be liable for slip and fall injuries that occur on stairs when he or she knew or should have known about these hazardous conditions.

Contact Our Firm for Assistance

Filing a slip and fall claim can help victims and their families obtain compensation for related medical costs, lost wages and other damages. These lawsuits are complex legal matters that require the skill and knowledge of an experienced legal team. We can help.

Contact Anapol Weiss if you or a loved one was injured in a slip and fall incident. Our lawyers can investigate the situation and answer your legal questions.

Topics: Slip and Fall, Personal Injury

Preventing Slips and Falls this Winter

Posted by Anapol Weiss on Jan 20, 2016 11:41:00 AM

slips_on_ice.jpgAs the cold, icy weather continues during the coming months, it’s important for everyone to protect themselves against slips, trips and falls. Adults and children alike can take simple precautions to avoid a slip and fall injury this winter.

Accident Fund and United Heartland have offered a few tips to help people of all ages avoid injury when walking on ice and snow covered areas: These include:

  • Walking slowly and deliberately on slippery areas
  • Wearing boots and slip-resistant footwear
  • Preparing for black ice after melting occurs
  • Exercising caution when getting in and out of vehicles
  • Looking for wet and slippery floors inside building thresholds
  • Keeping arms free for stabilization by carrying fewer items

Property owners are also expected to protect people from falling on snow and ice on their premises. The Occupational Safety & Health Administration (OSHA) highlights the importance of safely clearing ice and snow and ensuring that surfaces weighed down by snow are structurally safe.

It’s up to home and business owners to maintain a high level of safety by removing and repairing all potential weather-related hazards. Those responsible must be held accountable when they do not prevent slip and fall injuries during the icy winter months. Contact our firm for assistance if you were hurt as a result of someone’s failure to keep their property safe.

 

Topics: Slip and Fall, Personal Injury

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