Premises Negligence: Slip and Fall Litigation Funding

Slip and fall accidents are no joke — nor are the lengths that attorneys have to go to get their clients the restitution they deserve. If you are an attorney or plaintiff with slow-paying premises liability settlements, RD Legal Funding can convert your settled cases into immediate cash via our proprietary Fee Acceleration post-settlement funding program. Simply fill out the brief application to the right for a free consultation with one of our legal funding specialists. You can also reach us at 1-800-565-5177 to speak with a Fee Acceleration expert.About Slip and Fall LawsuitsAccording to the National Safety Council, 17,000 of the 1,000,000 slip and fall accidents that occur in America each year result in death. These accidents tend to fall into four categories:

1. Typical slip and fall. The person loses traction, slips on the walking surface, and falls.
2. Stump and fall. The person stumbles over an obstruction on the walkway or surface and falls.
3. Step and fall. The person loses their balance and falls due to a hole in the walkway or surface, or some type of unexpected defect.
4. Trip and fall. The person trips over a foreign object and falls.

Slip and fall accidents are part of premises liability law. A slip and fall injury is a type of tort or civil case in which a private lawsuit is brought by one person against another in order to recover monetary damages. Slip and fall accidents happen in private homes as well as businesses. However public businesses have a higher duty of care than private homes.

Typically, if the injured person visited a property as a customer, tenant, or user of the facility, with the owner’s knowledge and consent, for the purposes of business, they are considered an invitee. If there is an accident, the invitee must prove negligence by demonstrating that the owner or operator of the premises:

• Had actual or constructive  knowledge of a condition that posed an unreasonable risk of harm
• Did not exercise reasonable care to reduce or eliminate the risk
• Caused the injuries by failure to use such care

A dangerous condition may exist on the property that the owner knows nothing about. Nonetheless, if a reasonable owner would have known about it, then the negligent owner is still responsible. Damages are based on the extent of the injuries and emotional distress. If the invitee’s own negligence contributed to the accident, damages may be reduced but not necessarily denied.

Common causes of slip and fall accidents include:

• Uneven walkways
• Wet floors
• Stairways and steps that violate building safety codes
• Holes
• Poor lighting
• Insufficient handrails
• Improperly secured floor mats

The National Floor Safety Institute tracks statistics on same-level slip and fall accidents:

• Fall fatalities are nearly equally divided between men and women. However, more women will experience a slip-and-fall accident. According to the Bureau of Labor Statistics, falls accounted for 5% of the job-related fatalities for women compared to 11% for men.

• Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.

• Fractures are the most serious consequences of falls and occur in 5% of all people who fall. Hip fractures are the most serious and lead to the greatest health problems and number of deaths.

• Slips and falls do not constitute a primary cause of fatal occupational injuries, but represent the primary cause of lost days from work.

• Slips and falls are the leading cause of workers' compensation claims and are the leading cause of occupational injury for people aged 15 to 24 years.

• According to the Consumer Product Safety Commission (CPSC), floors and flooring materials contribute directly to more than 2 million fall injuries each year.

The elderly are particularly at risk of slip and fall accidents. The CDC reports that approximately 1.8 million people over the age of 65 were treated in an emergency room as a result of a fall. For people aged 65 to 84 years, falls are the second leading cause of injury-related death. For those aged 85 years or older, falls are the leading cause of injury-related death. Of all deaths associated with falls, 60% involve people aged 75 years or older. Falls account for 87% of all fractures among people over the age of 65 and are the second leading cause of spinal cord and brain injury. Half of all elderly adults (over the age of 65) hospitalized for hip fractures cannot return home or live independently after the fracture. Falls represent 40% of all nursing home admissions and are the sixth leading cause of death among people aged 70 years or older. Over 60% of nursing homes residents will fall each year.

Damages for slip and fall accidents are based on the extent of the actual injuries and can include medical bills, pain and suffering, or emotional distress. Most slip and fall cases settle out of court. According to answers.com, the average settlement for a slip and fall accident at Wal-Mart is $169,069.Let RD Legal Accelerate Your Premises Liability Litigation Related FeesRD Legal Funding is positioned to provide plaintiff’s attorneys and their clients with immediate lawsuit financing. Please fill out the brief online application located at the upper right corner of this page to start accelerating your legal fees today. Or you can call RD Legal toll-free at 1-800-565-5177 to speak with one of our legal funding experts.