Construction sites are one of the most dangerous workplaces. For this reason, we often see warning signs whenever we pass by these places. According to the website of Karlin, Fleisher & Falkenberg LLC, potential risks in construction sites can be mitigated by adhering to safety regulations and enforcing safe working practices. Unfortunately, most establishments fail on this aspect resulting to injuries or even deaths of their workers.
Figures from National Floor Safety Institute revealed that slip and falls account for more than 1 million emergency room visits or 12% of all total falls. The Center for Disease Control and Prevention (CDC) and the Bureau of Labor Statistics (BLS) classify falls into elevated and same level. 6 out of 10 of all elevated falls are from a height of less than 10 feet and 65% of fall-related injuries are from same-level walking surfaces. According to the CDC and BLS, an estimated 20 – 30% of people involved in a slip and fall accident suffer moderate to severe injuries.
Slip and fall accidents can happen in commercial and residential establishments. Filing a claim is the best way to secure damages for any injuries after an accident. However, these cases will not always result to victories on your part. There are different legal factors that can affect the outcome of your claim. For this reason, you need to hire an experienced personal injury attorney.
Burden of Proof
A slip and fall claim falls under civil tort case hence they are not governed by the common concept of “beyond reasonable doubt.” Being a civil tort case, slips and falls are judged according to a preponderance of evidence. Thus the burden of proof will be on the plaintiff to show that the defendant showed negligence in their responsibility to ensure safe working conditions hence resulting to the accident.
Slip and fall accidents are also judged according to some percentage of fault. In such accidents, responsibility does not lie on one party alone. This is called “reasonable assumption of risk.” For this reason, the maximum damages that the plaintiff can get is adjusted downward based on their comparative negligence percentage.
The location alone of the accident is not an indication of negligence. It just serves as a reminder of where they have been negligent to some degree. If the accident happened in a state that adopts comparative negligence, then they can claim damages even if they were largely responsible for the accident.
Statutes of Limitations
When filing a claim, your case will be governed by the statutes of limitations. For you to be able to claim damages, you need to file the case within the specified time limit otherwise when that time expires, you can no longer receive damages. Thus, it is important that you secure evidences and file the case during that time frame.
Slip and fall accidents can result to lost wages, loss of productivity, or temporary or permanent disability. If you can prove negligence on the part of your employer, you can recover all these losses.