Tuesday, June 26, 2007

Slip, Trip and fall in all its forms Is Actionable

Slip and Fall accidents are quite common accident. More often, it is the negligence of the owner of the place that is the cause of the slip and fall accident. A slip and fall accident generally speaking is a slip due to a wet surface or substance on the floor causing the person to fall and resulting in injuries. A trip and fall, similarly, is a trip over cracks, holes or any uneven surface in violation of building code or negligence in maintenance of the premise causing the person to trip and fall resulting in injuries.

However, for the same slip or trip and fall accident, a cause of action , though premised on negligence by another person could give rise to different causes of actions.

In one instance, if you are walking in a mall and slipped and fall due to water or other slippery substance left lying on the floor uncleaned resulting in injuries, you are entitled to general damages for the medical costs of treatments as well as pain and suffering against the manager or store owner. Your claim will be pursued under a premise liability claims theory that the owners of establishment have a duty to keep the public and their patrons safe from any accidents while inside their establishments.

On the other hand, if you are at work and you tripped and fall due to a crack on the floor inside the premises of our employment resulting in your injuries, you are entitled to claim damages against your employees. However, instead of just general damages, you are entitled to worker’s compensation under the theory that your employer should provide you with a secure and safe working environment.

Furthermore, if you are a patient in the hospital and you slip or tripped and fall on the hospital floor due to poor maintenance of the place and below standards care and service to patients, then you are entitled to damages against the hospital staff or owner for any further injuries caused to you by the negligence of the hospital. Your claim for damages maybe pursued under medical malpractice claims since hospitals as well as doctors and all the medical and non-medical staff of the medical facilities owe you the responsibility of great care as mandated by professional medical standards.

As you can see, a slip and fall, regardless how and where committed, will entitle you to claims for damages. In order to be successful in claiming your just and reasonable damages, however, you should seek help from expert slip and fall lawyers like the lawyers of the Mesriani Law Group in California. They will make sure that your claims are protected and pursued to the fullest extent of the law.