David Moody

(806) 791-2400

Slip and Fall

If an owner or occupier of a premise maintains a dangerous condition, then they can be liable if someone is injured.  These cases are fairly common, but important to you. 

Our law firm has handled many such cases including: slip and fall cases involving wet floors at stores; slippery floors; ice from a sprinkler system in the winter on sidewalks and roads; a hotel for having dangerous premises which caused hot water burns, along with many other defects such as potholes, rough walking surfaces and broken curb stops in parking lots.

If you have been injured in a premises case we can help analyze your claim and advise you on how to precede.

Legal Aspects of Slip and Fall Accidents

We might not consciously think about it, but navigating our way safely from place to place is a task fraught with dangers and uncertainties.

Think about all of the unstable situations you might find yourself in: an icy sidewalk, gravelly road, slick grocery store aisle, oil slick at a gas station, and on and on.

We assume that we can be careful enough to avoid most of these problems and help our loved ones avoid them to (namely children and older folks), but the truth is we can't be vigilant all the time. Accidents do happen.If you or someone you know has experienced a slip and fall type of accident, first consider what kind of injuries may have taken place. That will help you decide how to pursue recovery.

 Also check to see if you have legal recourse for getting compensation for your accident.This article will explore the most common types of injury from a fall, and what questions to ask when deciding whether or not to sue.

Back Injury

Undoubtedly the most common type of injury associated with falling is back injury. When a slip occurs and the feet are propelled forward, the back takes the brunt of the damage.Back problems can occur in one of three ways:
  • Damage to the bones and joints in the form of bruising and breaking
  • Damage to the discs that separate vertebrae
  • Damage to the muscles and tissues that surround the bones

It can be difficult to self-analysis the full extent of a back injury as a small problem in one area can lead to cascading problems elsewhere.

Shoulder Injury

A surprisingly large amount of shoulder injuries occur when falling due to the body's natural bracing motions. Most individuals will try to swing their arms down to help pad the impact of a fall (this is often done without a conscious decision).As the force of the ground pushes up the arm, it can dissipate in the shoulder and cause dislocations and tears in the muscle.

Head Injury

When falling either frontward or backward, one of the worst possible outcomes is contact between the head and the ground. The impact is often exacerbated by the whiplash effect as the head snaps down shortly after the body makes impact.Concussion occurs when the brain makes contact with the inside of the skull. Symptoms of a concussion can include confusion, headache, nausea, fatigue, and dizziness, so be certain to check for these signs in yourself or your loved one.

Joint and Superficial Injury

Other common injuries that can occur are hyperextension of joints such as the knees and the elbows. The impact and unusual body contortions that happen with a fall can have a wide variety of negative effects so it is important to check yourself afterward even if the adrenaline of the moment makes you think you're ok.Finally be sure to address any superficial skin and muscle injury that occurs from the abrasiveness of the ground.

Legal Aspects

If your injury occurred in your own home, it is unlikely anyone else is at fault. However, if you are out in public places there is a possibility that you could be compensated for your injury.There are two important questions to ask yourself:

1. Were you in a publicly accessible area that SHOULD be well maintained and monitored?

2. Is there anything you were doing that may have made you negligent in your attention to the area around you?

For question #1, your case could be hurt if you were wandering around an area that was either off-limits or signed off as potentially dangerous. For question #2, if you were talking on a cell phone, reading a magazine, etc etc. there might be an argument against you that you were not paying proper attention and that your injury was avoidable.

Finally, be certain to contact David Moody, an attorney who is experienced in slip and fall cases.

David Moody is an attorney specializing in personal injury plaintiff’s work.  Every incident is unique, and it's important to have someone with many years of experience and an extensive network to help you find the right kind of attorney. Slip and fall accidents are one of  David’s specialties and he will be able to properly guide you through the legal process and get you the help you need.


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