Common Serious Injuries from Slip and Fall Accidents

Falls cause serious injury in many situations. Data from the National Safety Council shows that, in 2022 alone, 8.5 million people went to emergency rooms across the country for fall-related injuries. Falls like this can lead to death, disability, and serious pain.

Notably, falls are a significant risk factor for individuals over the age of 65. Data from the CDC indicate that 1 out of every 10 falls results in a serious injury, necessitating medical care. About 3 million older adults go to the emergency room each year, and 1 million are admitted for fall-related hospitalizations. About 319,000 older people suffer hip fractures, a precursor to limited mobility and a reduction in life quality and life span.

However, serious injuries can occur to anyone of any age. Some of the most common serious injuries associated with slip and fall accidents across all age groups and industries include:

• Soft Tissue Injuries: Tears to ligaments and tendons are most common and can be painful. Over time, if left untreated, these injuries can result in mobility loss and the development of chronic pain.
• Cuts and Deep Lacerations: While minor cuts may seem superficial, significant lacerations can damage tissues, nerves, and organs. All cuts increase the risk of infection, which could create a potentially life-threatening outcome.
• Broken Bones: Depending on the angle of the fall, the height, and the force, broken bones are not uncommon. This may include arms, as a person tries to brace themselves from the fall, legs, ribs, and skull fractures. In some cases, complex fractures occur.
• Traumatic Brain Injuries (TBI): A TBI from a slip and fall accident is not uncommon. These occur as a result of striking the head when falling, often causing a loss of consciousness in the individual. Bleeding and swelling, including within the skull cavity, can create a high risk for brain tissue damage, leading to implications for cognitive function. Concussions of all degrees are also possible.
• Spinal Cord Injuries: Spinal cord injuries are also common, depending on how the individual falls and the degeneration of the spinal column. The wrong fall can lead to damage to vertebrae or the spinal column itself, resulting in partial or full disability.

Some of these slip and fall accident injuries require emergency medical care, surgeries, and rehabilitation. It is not uncommon for victims to face months in the hospital, complicated recovery processes, and long-term limitations.

If you suffered any of these types of serious injuries (or others) as a result of a slip and fall accident in Portland, ME, set up a free consultation to speak to our lawyer about your legal rights. Doing so will allow you to recover full and fair compensation for the losses you suffered. Our client testimonials tell our success stories.

Liability in a Slip and Fall Accident in Maine

Victims of slip and fall accidents suffered on the property of another person or business may seek full compensation for their losses from those responsible. These accidents fall under premises liability laws, of which our Portland, ME, slip and fall attorney can explain.

What Is Premises Liability?

Premises liability is the legal premise that an owner has the responsibility to take reasonable steps to ensure their residential, commercial, or other property is safe for others to use. Premises liability requires that the owner be held accountable in situations where:

• The owner knew of a hazard on the property
• Should have known about a hazard on the property
• Failed to rectify the problem
• Did not warn of the risk

To be accountable, we must demonstrate negligence, indicating that you, the victim, had the legal right to be on the property at the time of the accident and should have been able to expect to be reasonably safe. You must then demonstrate that the property owner breached their duty of care, causing the accident you suffered. That accident must have resulted in injuries requiring medical care or otherwise leading to losses.

Who Can Be Responsible for a Slip and Fall Accident?

Numerous parties could be held accountable for a slip and fall accident, depending on your attorney’s ability to prove negligence. In most situations, this applies to a person, company, or organization that is expected to maintain a safe environment and fails to do so. Typically, one or more of the following parties could be held liable for your losses:

• Property Owner: Most slip and fall accidents result in the property owner being held accountable for the losses suffered. This occurs when there are hazards on the property that the owner knew or should have known about and did not respond to.
• Landlord: In some situations, the property landlord could be held accountable, especially when accidents occur in common or shared areas of the leased or rented property. This may include sidewalks, parking lots, and hallways.
• The Tenant of a Leased Property: Tenants of leased property, such as apartments or storefronts, maintain liability for the property within their space. Typically, they are held accountable for slips and falls that occur as a result of maintenance and upkeep for which the tenant is responsible.
• Municipality: There are some situations where the city or government organization may be held accountable for injuries and losses. If a slip and fall occurs in a public parking lot due to a significant, unexpected risk, that organization could be held accountable. Note that Maine laws have numerous restrictions on when you can sue for accidents on public property. If you believe this is your right, seek our slip and fall lawyers in Portland for immediate help.
• Business Owners: In situations where a business fails to maintain safety for patrons or visitors, they can be held accountable for any injuries resulting from a slip and fall accident.
• Product Manufacturers: There are some instances in which a product manufacturer could be held accountable for a slip and fall accident. If their manufacturing errors lead to a defective product causing the slip and fall, such as flooring that does not adhere properly, they could be held accountable.

In each of these situations, your slip and fall lawyers in Portland, ME will need to document why the property owner was negligent. This includes demonstrating proof that the property owner knew of the risk or should have known and failed to keep you safe.

Proving Your Right to Be on the Property

One of the factors to consider when building your claim for a slip and fall accident is demonstrating you had the legal right to be on the property. When a business or property owner invites a person into that property, such as by opening their doors for operations, they accept the highest level of responsibility for ensuring that person remains safe while there.

In situations where there is a no trespassing sign, and you make the decision to access that area, it is unlikely the property owner will be held liable. However, just having private property is not enough.

For example, in most Maine cities, private property owners maintain responsibility for their sidewalks and walkways. That includes removing snow and ice during the winter months, patching holes, and ensuring any cracks are safe to walk on. If you fall because of ice on a sidewalk, and the property owner had enough time to remove it, they could be held liable for any losses you have.

How do you know what applies in your situation? There are several classifications of slip and fall victims applicable under Maine law:

• Public Invitee: This is a person who enters a property that is open to the public. To qualify as an invitee, you must be there for a specific purpose applicable to why the business is open. If this applies, the property owner is responsible for your safety.
• Business Invitee: A business invitee is a party who is on the property owner’s property with permission for some type of business purpose connected to the landowner. The property owner is responsible for your safety.
• Licensees: A licensee is someone who is on the premises with the permission of the property owner, but may not meet the specific definition applied as an invitee. In such situations, the property owner's duty is to warn and make safe any hazardous condition.
• Trespassers: This refers to a person on the property without the property owner's consent, even in situations where the individual did not intend to trespass. The only time a property owner maintains an obligation in these situations is when the individual is a child or the property owner knew the person was on the property. Property owners are responsible for causing intentional or reckless injury to trespassers.

The complexities of these areas can make it challenging for victims to know when and if they can seek legal action against the property owner. Our slip and fall attorneys in Portland, ME, can help.

How Your Slip and Fall Lawyer in Portland Builds Your Case

To prove liability, you must demonstrate negligence. This requires evidence of what happened and the property owner's responsibility. TO achieve this, your slip and fall lawyers in Portland will gather as much physical evidence of what occurred as possible. This might include:

• Video of the incident from security footage
• Using witness statements to clarify risk
• Considering other parties who have suffered the same risk
• Finding proof of the hazard still in place
• Reconstruction of the accident to demonstrate what took place

This information helps determine who is at fault, what could have been done to prevent the incident, and the resulting losses. Learn more about Berman & Simmons and how we can help you today.

Compensation for a Slip and Fall Accident

Once your slip and fall lawyer establishes negligence in your case, they can then build a claim that includes all losses you suffered. This information requires evidence, including statements from doctors or others indicating the loss, proof of injury through medical images, and expert testimony about the ongoing risks. Some of the types of slip and fall accident damages you may be owed include:

• Medical Costs: Emergency medical care, examination and imaging, medications, treatments, hospitalizations, and rehabilitation
• Loss of Earnings: Victims unable to work for some time may be owed compensation for losses to earnings, including wages, bonuses, and benefits not received
• Ongoing Medical Needs: Future surgeries and treatment, along with in-home support, disability support, and professional treatment center care
• Loss of Earning Ability: Victims unable to work or do the same type of work after their injury may be owed compensation for loss of earning capacity
• Pain and Suffering: This includes pain and suffering at the time of the accident as well as throughout your recovery
• Mental Anguish: The onset of post-traumatic stress disorder, depression, anxiety, and overall stress from the incident

For victims who lose their lives, family members can seek a wrongful death lawsuit against the at-fault party. That lawsuit may include any of the above losses, as well as final burial and end-of-life care, and compensation for dependents no longer able to receive financial support.

Set Up a Free Consultation with Our Portland Slip and Fall Lawyers

Your future is on the line when you have serious injuries and losses due to another person’s negligence. The legal team at Berman & Simmons is ready to work for you. Seek out a free consultation with a slip and fall attorney in Portland, MA, to discuss your case, learn the value of it, and determine who is at fault.

Our legal team serves clients across the state. Take action now by contacting us for a free consultation.