At Tomeny | Best Injury Lawyers, our Baton Rouge slip and fall attorneys bring a professional background in and a comprehensive understanding of the insurance defense industry. With our knowledge, we have enabled personal injury victims and their families to recover financial compensation from an at-fault parties.
Our firm pursues every avenue to pursue maximum compensation for our clients. We work with engineering, medical, and financial experts to build the strongest possible case. Our efforts have led to a solid record of success. Through our representation, our clients have recovered millions of dollars in compensation in settlements and verdicts at trial.
Our founder, Frank Tomeny, has been recognized for his legal skill by being named a Super Lawyer and receiving a respected AV-rating from the legal rating service Martindale Hubbell.
At Tomeny | Best Injury Lawyers, we take the time to get to know our clients and to give each case the personal attention that it deserves. Through a comprehensive understanding of your goals, concerns, and needs, a Baton Rouge premises liability lawyer can and will aggressively pursue monetary compensation for a slip and fall or trip and fall accident.
Where Slip/Trip and Fall Accidents Often Happen in Louisiana
A slip and fall or trip and fall accident can occur almost anywhere. Some of the most common places in Louisiana where slip/trip and fall accidents happen include:
- Parking lots
- Grocery stores and supermarkets
- Department stores
- Staircases and stairwells
- Escalators and elevators
- Swimming pools
- Amusement and recreational parks
- Construction sites
If you’ve suffered a slip and fall or trip and fall accident on as a visitor, customer, or even an employee, you may be entitled to seek compensation for your injuries. A Tomeny | Best Injury Lawyers is ready to handle your slip and fall claim.
Common Causes of Slip/Trip and Fall Accidents
A slip/trip and fall accident occurs when a person loses their footing. According to the Occupational Safety and Health Administration (OSHA), some of the most common causes of slip and fall and trip and fall accidents include:
- Water and ice
- Mud or plant debris
- Oil and grease
- Spilled food
- Dry powders that make walking surfaces slippery, such as dust, powder, sawdust, or granules
- Highly-polished or waxed floor, especially wood, marble, or concrete flooring
- Abrupt transitions between flooring surfaces, such as rugs or carpeting to polished/waxed flooring or pavement to metal surfaces
- Loose or torn rugs or mats
- Loose, broken, missing, or uneven flooring or tiles
- Sloped walking surfaces, ramps, or gangplanks
- Uncovered hoses, wires, cables, or cords across aisles or walkways
- Debris or clutter in aisles, corridors, or walkways
- Open doors, drawers, or cabinets
- Changes in elevations or steps, especially when unmarked
- Irregularly sized or shaped steps
- Gaps in walking surfaces, such as when stepping off an escalator or elevator
- Objects sticking out of the ground
- Poor lighting
- Inadequate signage
- Bad weather
- Improper or inadequate housekeeping or maintenance
Falls Cause Serious Injuries
Although some people may think that a slip and fall or trip and fall accident only results in a few bumps and bruises, falls can bring about serious, life-altering injuries, especially when children or older adults are the victims.
Some of the most severe injuries that falls cause include:
- Lacerations, especially when a victim falls on a sharp object
- Head injuries and traumatic brain injuries, ranging from mild concussion to coma, ongoing seizures, or cognitive impairment
- Bone fracture, particularly ankle, leg, knee, and hip fractures
- Back and spinal cord injuries, including disc injuries, fractured vertebrae, or paralysis
- Soft tissue injuries, including sprains, strains, and tears of muscles, ligaments, and tendons
Don’t let property or business owners, insurance companies, or defense lawyers try to insist that you weren’t actually injured to avoid liability. Our Baton Rouge trip/slip and fall accident lawyers are ready to fight back against these unfair tactics.
Who Could Be Held Liable for a Slip or Trip Accident?
In premises liability cases, such as a slip and fall or trip and fall accident, the default rule is that the property owner or owners are liable for any injuries caused by an unreasonably dangerous or hazardous condition. This is because the property owners generally bear responsibility for exercise due care and maintaining the premises in good condition and keeping it free of dangers or hazards.
If they fail to do so, an injury victim may have a viable claim.
Other parties may also be liable for a slip and fall or trip and fall accident. For example, many businesses lease rather than own the property from which they operate. Depending on the terms of the lease, the owner of the property may also be one the hook for a dangerous or hazardous condition that causes your accident.
Sometimes a property owner or business may hire another company to keep up the property. For example, a mall may contract with a maintenance company to conduct general cleaning or to maintain and repair the parking lots and sidewalks. Depending on the contractual relationship involved, a slip and fall victim may be able to hold the maintenance company liable.
Proving Liability for a Trip/Slip and Fall Accident
Following a trip/slip and fall accident, you may wonder how to establish the at-fault party’s legal obligation to compensate you.
Evidence that may be essential to proving legal liability may include:
- Accident or incident report – If your accident occurs at a place of business, it is likely the company’s policy (or its insurance company’s or risk management company’s policy) to prepare an accident or incident report that details the facts and circumstances. The report may be useful in your claim if the business or property owner later tries to deny that a dangerous or hazardous condition existed.
- Surveillance video – When a slip/trip accident occurs inside a store, restaurant, hotel, or other business, surveillance cameras might be trained on the spot where the accident occurred. The footage should confirm that you suffered a slip/trip and fall accident. It also might show whatever caused you to fall and how long the condition was there, which may be relevant to establish the property or business owner’s negligence if the condition was there long enough that the owner should have discovered and removed or fixed it.
- Eyewitness statements – Witnesses to your accident may be helpful to confirm that you suffered an accident caused by a dangerous or hazardous condition how long the condition was left uncorrected
- Accident scene photographs – As with surveillance video or eyewitness statements, accident scene photographs might capture details such as the condition that caused you to fall, along with whether the hazard was obstructed from view, what may have caused the condition to form, or whether any warnings were posted.
Our Baton Rouge slip and fall lawyers can take charge of gathering this and other types of evidence to build the most convincing claim possible.
Compensation Available for Fall Victims
If you have been injured in a slip and fall or trip and fall accident, you may deserve compensation for your injuries and financial losses. Some of the damages that you may be entitled to recover for include:
- Medical expenses, including hospital stays, surgeries and other medical procedures, doctor’s visits, prescription medication, physical rehab and therapy, mobility equipment, and even home modifications to accommodate any physical restrictions or disabilities
- Lost wages if you miss work during your recuperation
- Lost earning capacity when your injuries indefinitely or permanently prevent you from returning to your job, and you suffer a reduction in pay as a result, you may be entitled the difference between your pre-accident and post-accident income
- Pain and suffering, which is the emotional and physical anguish or distress brought about by your injuries
- Lost quality of life, which can result from disabilities or disfigurement, from the inability to perform tasks of daily living, or the inability to participate in activities and events you enjoyed prior to your injuries
- Loss of consortium/loss of companionship, which compensates your spouse or your immediate family for the loss of your companionship, care, guidance, or services to the household
Let our skilled Baton Rouge premises liability attorneys carefully evaluate your damages and then seek monetary compensation on your behalf after a slip and fall accident.