What slip and fall accidents should holiday shoppers know about

2021-12-08 05:47:23 By : Mr. Eric Yang

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This is the season of holiday dinners with family and friends, holiday decorations, gift exchanges and... slip accidents. Unfortunately, busy holidays are also a time when many shoppers are injured after tripping and falling in department stores, malls and parking lots. Although embarrassment is the most common result, some people suffer more terrible consequences, including head injuries and fractures.

Here are some of the most common hazards for holiday shoppers:

If you fall on someone else’s property and are seriously injured, if you are unable to work during your recovery period, you may sue the responsible party for medical expenses and wage losses that are not covered by the insurance. Victims may also be compensated for intangible losses such as pain and suffering. However, these lawsuits are more complicated than most people realize, and the plaintiff must meet a number of legal requirements to win.  

When a shopper is injured in a fall, determining who is responsible can be complicated, depending on how and where the accident occurred. For example, suppose someone fell on an escalator and injured his back. If the fall is caused by an escalator failure, the shopping center may be liable for failing to keep the equipment in good working order. Or, if the escalator is defective, the manufacturer may be responsible. Likewise, the external company hired to maintain the escalator may be at fault.

In some cases, the victim may be able to sue multiple parties. This is why it is important to consult a knowledgeable slip and fall lawyer as soon as possible after the accident to ensure the best financial results.

The principle of "open and obvious" poses one of the biggest challenges to individuals injured by falls. In fact, this is the most common defense method used by owners in slip and fall lawsuits. Although the law does not give owners a free pass, it focuses on the victim’s ability to identify potential hazards, rather than the owner’s responsibility to eliminate hazards or warn visitors of their inherent risks.

The Michigan Court of Appeals in the 2008 case involving Black Ice maintained that the legal standard for applying the law was “whether ordinary people with ordinary intelligence can discover dangers and risks through inadvertent inspections”.

Unfortunately, for victims, most dangerous situations meet these criteria.

However, the law provides exceptions for "very dangerous" situations, such as a 30-foot deep pit in the middle of a parking lot, and those "virtually inevitable" situations, such as icy sidewalks that visitors must use to leave the building.

Although Michigan law requires owners to use "reasonable care" in maintaining their homes, the plaintiff must also prove the owner's negligence. This means proving that the owner knew-or should have known-the danger and failed to correct the situation.

According to Michigan's revised relatively negligent regulations, the role of the victim in the slip and fall accident will also affect the settlement amount. Did this person fall off the stairs because he was focused on the phone? Are they walking through the icy parking lot in high heels? If so, the amount of compensation may be reduced accordingly.

For example, the plaintiff won $100,000 after slipping and breaking a leg on an icy sidewalk. However, the person assumed 30% of the responsibility for texting on his mobile phone at the time of the accident. Therefore, the victim did not receive all the settlement money, but received 70% of the total amount (after deducting attorney fees).

If you are injured when you fall on someone else’s property, please take the following steps:

Sam Bernstein Law Firm takes every slip and fall accident seriously. We treat our customers like family, and we know how to win the compensation you deserve. 

The slip and fall method is complicated, but finding the right accident lawyer is simple. 

Visit www.callsam.com now or call 1-800-CALL-SAM to start your case for free, no obligation remote consultations safely at home.



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