Moncks Corner Slip & Fall Lawyer
If you or a loved one was seriously injured in such an incident, a Moncks Corner slip & fall lawyer can obtain the compensation you need and deserve.
Every year, slip & fall accidents send over eight million people to hospital emergency rooms. Nursing home falls account for a significant chunk of that number. In many cases, a fall or other injury-related incident forces a person into a long-term care center. Fall hazards are almost everywhere in nursing homes. If the victim falls again, which is likely, the physical and emotional injuries are much worse.
Many older people in general, and many older fall victims in particular, are physically frail. Therefore, a slight amount of force, like a minor slip & fall, could cause a serious injury. Furthermore, many older people have poor eyesight and are unable to avoid fall hazards. The serious injuries usually include emotional injuries. Many nursing home fall victims are so afraid of falling again that they essentially become prisoners in their own rooms.
Moncks Corner Slip & Fall Lawyers and the Duty of Care
The duty of care is based on the story of the Good Samaritan. This man went out of his way to help an injured traveler. Likewise, owners must go out of their way to make their properties safe. Some owners must go further out of their way than others, as follows:
- Invitee: Owners have a duty of reasonable care to protect commercial or social invitees, or people who have the owner’s permission to visit and whose presence benefits the owner. That benefit could be extremely slight. The duty of reasonable care requires owners to address known injury hazards and remove them. More on that below.
- Licensee: Guests of nursing home residents are usually licensees. These individuals have permission to visit, but their presence doesn’t benefit the owner. Therefore, the owner must only warn these individuals about latent (hidden) hazards. A “Caution Wet Floor” sign is usually more than enough warning.
- Trespasser: Usually, no duty applies if the victim didn’t have permission to visit and didn’t benefit the owner. Stories of injured burglars who successfully sued homeowners for damages are mostly urban legends.
These categories are complex because they overlap in several ways. For example, a nursing home visitor could be an invitee. Visitors indirectly benefit owners because visitors lift the spirits of residents. Furthermore, the categories shift. Nursing home visitors become trespassers if they stay after visiting hours end or if they go into a prohibited part of the facility.
Knowledge of Hazard
A Moncks Corner slip & fall lawyer can only obtain compensation for a victim if the owner knew, or should have known, about the fall hazard.
Direct evidence of actual knowledge is the best evidence in these cases. Owners who ignore warning signs seem reckless. Such proof, like a restroom cleaning report, usually isn’t available early in the process. So, if a case settles too quickly, the victim may be settling for less.
Circumstantial evidence of constructive knowledge (should have known) is also admissible on this point. Think of a banana peel on the floor. A yellow peel probably just fell on the floor. But a black peel had probably been on the floor for a while, meaning that someone should have picked it up.
Work With a Diligent Berkeley County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced Moncks Corner slip & fall lawyer, contact The Stanley Law Group. We routinely handle matters throughout the Palmetto State.
