Useful Facts & Statistics You Should Know About Louisiana Slip & Fall Accidents
Common beliefs about slip and fall accidents are often wrong. The biggest misconception is that if you slip and fall on someone’s property and suffer an injury, you will always prevail in a lawsuit against the premises owner, resulting in a substantial sum paid to compensate you. This is not always correct. If you lose, you could end up with hefty court costs on top of your medical bills. Our Louisiana personal injury attorneys weigh the strengths and weaknesses of your case to create a strategy that ensures the most successful outcome. They also explain key facts you should be aware of before pursuing a slip and fall lawsuit.
Slip and Fall Statistics
Slip and fall accidents are quite common and account for overone million hospital visits annually. Fractures of the hand, arm, ankle, leg, hip, and tailbone are the most common injuries from severe falls. Of these injuries, hip fractures are the most serious, posing the greatest health problems, especially in the elderly.
Any fall presents a five percent chance to break a bone, but head trauma and spinal cord injuries are also very real dangers of a bad fall. Other eye-opening facts about slip and fall accidents include:
- There has been a rising trend of elderly deaths from falls since 2007, with a 31% increase by 2016.
- This overall increase was the result of significant increases in 30 states, including Louisiana.
- Louisiana reported 115 elderly deaths due to falls in 2007, but by 2016 this number had jumped to 246 deaths, denoting a 39.3% increase.
- Approximately 32,550 adults aged 65 or older died nationwide asthe result of a fall in 2018.
FACT: You have a limited amount of time to file a lawsuit.
A slip and fall accident that causes an injury is usually subject to a personal injury lawsuit. In accordance with Louisiana’s statute of limitations, you only have one year to file a lawsuit or your case will most likely be thrown out. The clock begins on the date of your accident in most cases, so it is important to speak to knowledgeable Louisiana personal injury attorneys quickly, even if you think your claim will result in a settlement.
FACT: If you are partially at fault, you could lose part of your settlement.
Louisiana is acomparative fault state. If the judge determines any portion of your slip and fall accident was your fault, they may decide to reduce your court award. This is why some property owners try to argue the accident was at least partially your fault. They want to reduce their responsibility and the amount they pay on your claim. Even if you settle out of court, Louisiana’s shared fault rules still apply. Thus, the part you played in the accident can still have a bearing on the final amount offered. In a slip and fall accident, you could be partially at fault, if:
- You were somewhere on the property you should not have been.
- Signage or blockades should have made you aware of the dangerous property conditions.
- Distractions, such as texting while walking, meant you were not paying attention to your surroundings.
FACT: The burden of proof is on you.
Slipping and falling on the premises of a Louisiana property owner does not make the owner automatically responsible for your injury and liable for your damages, warns Louisiana personal injury attorneys. Theburden of proof falls on you, so you must prove:
- The dangerous condition causing your fall presented an unreasonable risk of harm and this risk was reasonably foreseeable.
- The property owner or employee created the dangerous condition, or the property owner knew or should have known about the unsafe condition and recognized the potential risk.
- The property owner failed to exercise reasonable care in keeping the property safe.
It is not enough that a property owner should have recognized a dangerous condition and failed to have it repaired to avoid potential danger. The key questions are whether a rational person would have identified the condition as being hazardous and if so, did the property owner have ample opportunity to fix the hazard prior to your accident.
Hire Top Louisiana Personal Injury Attorneys
If you are hurt in a slip and fall accident, our experienced Louisiana personal injury attorneys atMike Brandner Injury Attorneys will help you determine whether you have a case, the value of your claim, and the appropriate action for recovery. We provide free initial consultations and no fee unless you win your case. Use our online LiveChat or visit our office Monday through Friday, from 8:00 a.m. to 5:00 p.m. Or, you can reach us 24/7 by calling one of our offices directly.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.