Slip and Fall Brain Injuries
According to the Centers for Disease Control and Prevention, the single greatest cause of traumatic brain injuries that result in hospitalizations in the U.S. is falling. Falls, while generally brushed off during one’s youth, can become profoundly dangerous as a person ages. Similarly, falls from insignificant heights don’t usually result in a great deal of harm unless the force of the fall or colliding with an object contributes to the injurious effects of it. Yet, even when healthy adults fall from significant heights, the consequences can be catastrophic.
The most common falls that occur in the U.S. on a daily basis are preceded by slipping or tripping on the part of the victim. Whether the victim is a pet owner tangled in a leash, a mother trying to sidestep a toy left on the ground, a construction worker navigating a roof pitch, or an older adult simply shopping at a grocery store and encountering spilled liquid, the risks for slip and fall brain injuries seem to be everywhere.
When Injuries Occur on the Job
If you slip and fall while you’re engaged in work-related activities, you may be eligible to collect workers’ compensation benefits if you sustain a brain injury as a result of your fall. If your covered by workers’ compensation insurance through your employer, it won’t matter if the fall was your fault, as long as you weren’t intoxicated, starting a fight, or trying to get hurt as a result of your tumble. If your employer should have prevented your fall and didn’t, you won’t be able to name them as a defendant in a personal injury lawsuit. However, you may be able to sue a third party if you slipped while on property not owned or managed by your employer.
Slip and Fall Injuries Sustained on Another’s Property
As an experienced brain injury lawyer – including those who practice at the law firm of Barry P. Goldberg – can explain in great detail, the law broadly protects the rights of slip and fall victims who are injured while visiting another’s property. Each state has a slightly different standard by which it judges cases filed in regards to these kinds of injuries. However, the basic legal foundation of these rights is rooted in the idea that if a property owner or manager knew or should have known of a hazard on their property and didn’t take proper action to address the risk, they may be held liable if someone is harmed as a result of that hazard.