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Typically, a tripping hazard is the cause of a trip and fall incident. Any difference of more than a quarter of an inch in surface level can be considered a tripping hazard. Some examples of tripping hazards include uneven sidewalks, holes, potholes, and malfunctioning elevators.
There can be many different things that result in tripping hazards. For example, wet or slippery substances, such as soap spilled out in a grocery store, can create slip-and-fall incidents.
However, slips and falls, as well as trips and falls, are hard cases to prove. You will usually need an experienced lawyer to take a close look at the evidence to see if you have a potential claim. Unfortunately, it is a tough standard under Louisiana law, and recovery usually requires the help of a knowledgeable attorney, who may need to use expert witnesses in the field of premises liability.
Both trip and slip and fall accidents can cause severe injuries. This may include head injuries, such as post-concussion syndrome and brain bleeds, as well as broken wrists, broken arms or legs, and spinal injuries resulting in low back/neck pain. An injury, especially to an older person, can cause severe, lifelong debilitating pain and discomfort. Unfortunately, the liability side is very hard to prove under Louisiana law.
Often, in slip and fall and trip and fall cases with severe injuries, the goal is to put some percentage of fault on the premises owner. This way, damages are shared between the premise owner and the claimant or plaintiff, who may bear some responsibility. In any case, you need a good attorney to look at your claim.
The first step is to notify the person on whose property you fell. If you’re at a local convenience store or a department store, you should tell a manager that you need to file a report. Then, you must seek medical treatment, especially if you immediately feel pain or discomfort.
Next, you should contact a reputable lawyer. Our firm is very knowledgeable and quick to respond, and we would be glad to assist with your case.
Assuming that you can prove that the premises or property owner is at fault, the type of damages you can recover for a head injury is similar to other types of cases. You may be able to recover compensation for pain and suffering, past medical bills, future medical needs, and lost wages.
If the pain and suffering lead to a loss of enjoyment of life, there is essentially no limit to the amount of damages you can recover. Proving that the premises owner is at least partially at fault and being able to show those damages to the court or the jury are the key factors in recovering damages under loss of enjoyment of life.
Louisiana operates under a comparative fault regime. This means that the damages you are entitled to recover would be reduced by your percentage of fault. If you are found to be 50% liable in the slip and fall, then you receive damages minus the 50% that is deemed your responsibility.
If you think you’re at fault, it is essential that you call a lawyer and not make a determination on your own. Let them take a look at the accident report and the facts as you know them. If you’re injured and having pain and discomfort, you may have a potential claim.
For more information on Slip & Fall Injury Claims In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 385-5500 today.
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