The Law Offices of O'Malley & Langan
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Slip and Fall Accidents

While slipping and falling in a public place can be embarrassing, it can also be quite painful, resulting in serious injuries.
Slip and Fall Accidents

When we think of slip and fall, it often conjures up memories of funny, slapstick comedy scenes, right? However, slips and falls are a very serious and expensive problem. According to the 2010 Liberty Mutual Workplace Safety Index, the annual direct cost of disabling occupational injuries due to slips, trips and falls is estimated to exceed $11 billion.

The statistics are alarming! According to the U.S. Department of Labor's Occupational Safety & Health Administration (OSHA), slips, trips and falls account for over 540,000 injuries requiring hospital care, 300,000 disabling injuries, and over 20,000 fatalities per year in North America.

A slip and fall accident generally refers to a situation in which a person slips and falls or trips and falls due to a dangerous condition on someone else's property and is injured as a result. Under common law principles, property owners and tenants have specific responsibilities depending on how the people entering their property are classified. There are three classifications of entrants to property: invitees, licensees and trespassers. As an entrant, your classification will dictate what duty the landowner owed to you. Furthermore, your classification may ultimately affect your ability to recover for your injuries. Slip and fall accidents are extremely common and can happen in a variety of locations, including grocery stores, restaurants, office buildings and shopping malls, or outdoors in parking lots or on sidewalks.

Icy and snowy conditions are some of the most common causes of slip and fall accidents. Slick surfaces on sidewalks, outdoor steps and parking lots can be hazardous for pedestrians, especially if the hazardous condition is not obvious, as is the case with black ice. Retail stores and other businesses typically attract a large number of people who enter their premises to browse and shop or conduct other business. Slip and fall accidents are common in these venues. If you were injured after slipping or tripping and falling in a retail store or other business, the storeowner or business operator may be liable for your injuries.

If you or a loved one was injured after slipping or falling, you need to protect your legal rights. Notify the owner or supervisor of the premises of your injury. If possible, fill out an incident report with all the details of both the dangerous condition and your injury. Ask for a copy of the report. Seek immediate medical attention for your injuries. Call O'Malley & Langan. We can help you recover compensation for your injuries.

Areas of Practice

A Slip and Fall Settlement:

Our client entered her place of employment, a place where her employer leases the premises. She slipped and fell in an area of the parking lot that was poorly maintained. Specifically, the parking lot was filled with depressions and potholes. These depressions would fill with snow and/or water and freeze when the temperatures dropped.

We represented her on her Workers' Compensation claim, and the employer paid her Workers' Compensation benefits stemming from her injury. We filed suit against the property owner, on the basis that the property owner failed to properly maintain the premises. The employer testified that they made numerous requests to the property owner seeking repairs of the parking lot, and these requests were ignored.

The claim was resolved in favor of the client, and the settlement resulted in additional payment to our client and her husband. Not only did this settlement adequately compensate our client for their losses, it resulted in reimbursement of the benefits paid by the Workers' Compensation insurance carrier. The employer had accepted liability for Workers' Compensation benefits, and paid the injured worker for her lost wages and medical expenses. Since it was ultimately determined that the injury was the responsibility of the property owner, the employer and/or its Workers' Compensation insurer was legally entitled to be reimbursed for the benefits paid to the injured worker.


Scranton Office

SCRANTON

(570) 344-2667

Pittston Office

PITTSTON

(570) 883-1321

Towanda Office

TOWANDA

(570) 265-5800

Hazleton Office

HAZLETON

(570) 459-1900

Caution You may be running out of time. Statutes of Limitations apply in many situations and may limit the time you have to file a claim. It may be in your best interest to discuss your case with one of our attorneys as soon as possible. If you need help, contact us immediately.

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