Traumatic Brain Injury Caused by Slip and Fall
Traumatic brain injury is among the most serious potential consequences of a slip and fall incident. Brain injuries can result in reduced mental capacity, impaired motor function and mobility, confusion, migraines, dizziness, nausea, and other serious impacts both immediately following the incident and for the rest of your life.
The following article looks at the aspects of traumatic brain injuries caused by a slip and fall accident that are commonly relevant to subsequent legal actions.
A preliminary inquiry that might be made following a slip and fall incident that results in traumatic brain injury would include an investigation into the cause of the accident. Identifying the cause of a slip and fall is among the most important elements of your claim since liability for an accident involves establishing the responsible party and showing they knew or should have known about a dangerous condition. The first place to look is at the ground where the fall occurred. Conditions likely to lead to a slip and fall accident include:
- Ice or water
- Oil or grease
- Power cords
- Loose carpeting or mats
- Uneven surfaces or loose boards
- Inadequate lighting
- Debris or clutter
What You Should Do After a Slip and Fall Accident
In addition to noting and documenting any of the above conditions, the victim of a slip and fall accident should, as soon as practical (given any injuries sustained):
- Notify management or an employee at the premises of the incident
- Request first aid, emergency medical services, or the like
- Obtain an incident report from the owner of the premises
- Once able, consult a personal injury attorney who can assess your claim and discover additional information or evidence related to the slip and fall incident
Owner/Occupant Business Liability
Closely associated with the cause of a slip and fall is the question of liability. Where a traumatic brain injury was caused by a slip and fall incident (and determined that a dangerous condition was the cause) the plaintiff must also establish elements relating to the reasonableness of the risk and the owner/occupant's knowledge of its existence.
For liability to attach to a business owner or occupant the plaintiff must establish that the owner or occupant of a business:
- knew of the dangerous condition but did nothing about it
- would have known of the dangerous condition if they had exercised reasonable diligence
- constructively knew of the condition, which requires that either the dangerous condition existed for an extended period of time that the business should have known of the condition or that the dangerous condition occurs so regularly at the business that it was foreseeable
The dangerous condition must have presented a foreseeable and unreasonable risk to a person on the property that the injured party would not have reasonably anticipated. Most people would understand that an ice-skating rink could cause a fall and that it would be unreasonable to make the rink less slippery, since its smooth surface is precisely the point. A claim arising from a fall in that situation would likely fail both requirements.
A grease spill in an optometrist's office would be much more likely to succeed, provided the business owner knew or should have known about the spill and failed to take action to remedy the situation or warn others of the spill.
Research the Law
- Slip and Fall Injuries
- Brain Injury Lawsuit FAQs
- The Small Business Owner and Slip and Fall Accidents
Get Legal Help for a Traumatic Brain Injury Caused by a Slip and Fall
The law relating to slip and fall accidents can vary significantly between jurisdictions and depending on the kind of property where the fall took place. Sometimes it can even be difficult to tell who, if anyone, is liable.
If you suffered a traumatic brain injury caused by a slip and fall accident, you'll want to speak to a personal injury attorney in your area to learn more.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
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