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Traumatic Brain Injury Caused by Slip and Fall

Traumatic brain injury is among the most serious potential consequences of a slip and fall incident. Brain injuries can result in reduced mental capacity, confusion, migraines, dizziness, nausea, and other serious impacts both immediately following the incident and for the rest of your life. The following article looks at the aspects of traumatic brain injuries caused by a slip and fall accident that are commonly relevant to subsequent legal actions.

Dangerous Conditions

A preliminary inquiry that might be made following a slip and fall incident that results in traumatic brain injury would include an investigation into the cause of the accident. Identifying the cause of a slip and fall is among the most important elements of your claim, since liability for an accident involves establishing the responsible party and showing they knew or should have known about a dangerous condition. The first place to look is at the ground where the fall occurred. Conditions likely to lead to a slip and fall accident include:

  • Ice or water;
  • Oil or grease;
  • Power cords;
  • Loose carpeting or mats;
  • Uneven surfaces or loose boards;
  • Inadequate lighting;
  • Debris or clutter.

In addition to noting and documenting any of these conditions, the victim of a slip and fall accident should also preserve their footwear as evidence, since tread-less or broken footwear could also contribute to the accident.

Owner/Occupant Business Liability

Closely associated with the cause of a slip and fall is the question of liability. Where a traumatic brain injury was caused by a slip and fall incident (and you can determine that a dangerous condition was the cause) the plaintiff must also establish elements relating to the reasonableness of the risk and the owner/occupant's knowledge of its existence. For liability to attach to a business owner or occupant the plaintiff must establish that the owner or occupant of a business:

  • caused the dangerous condition;
  • knew of the dangerous condition but did nothing about it; or
  • would have known of the dangerous condition if they had exercised reasonable diligence.

The dangerous condition must have presented a foreseeable and unreasonable risk to a person on the property that the injured party would not have reasonably anticipated. So, most people would understand that a slippery ice-skating rink could cause a fall and it would be unreasonable to make the rink less slippery since its smooth surface is precisely the point. A claim arising from a fall in that situation would likely fail both requirements. A grease spill in an optometrist's office would be much more likely to succeed, provided the business owner knew or should have known about the spill and failed to take action to remedy the situation.

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The law relating to slip and fall accidents can vary significantly between jurisdictions and depending on the kind of property where the fall took place. Sometimes it can even be difficult to tell who, if anyone, is liable. If you suffered a traumatic brain injury caused by a slip and fall accident you'll want to speak to a personal injury attorney in your area to learn more. You can start with a free case review at no obligation.

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