Step stools and step ladders are portable structures that provide access to objects or areas that are out of reach. They can be helpful for all types of situations, like getting something down from a shelf or cleaning picture frames and light fixtures. While step ladders are supposed to keep you safe, trip and fall accidents can happen when these objects are non-conspicuous. People can fail to notice a step stool for many reasons, which is why it’s essential to put these things away as soon as you’ve finished using them. Furthermore, step ladders should be stored in areas that are away from the flow of traffic by shoppers, guests, and employees.
Have you suffered injuries from tripping over a step ladder or stool on someone else’s property? If your accident was the result of negligence by the property owner, you may have grounds to seek compensation through a trip and fall lawsuit. Our lawyers have many years of experience representing slip and fall and trip and fall injury victims. We will fight tirelessly to recover your settlement and ensure that you have the funds necessary for your recovery. To learn more abbot your rights and legal options, contact Normandie Law Firm as soon as possible.
Accidents from a Misplaced Step Stool or Ladder
Small stools or step ladders are commonly used in stores, office buildings, and at work sites to help people access areas that are high off the ground. Unfortunately, these structures can go unnoticed, as they’re so low to the ground. In many cases, they are hard to see, especially amongst shoppers in stores, like supermarkets and big box retailers (Walmart, Target, and Costco, for ex.).
To prevent accidents to guests and visitors, they need to be taken off the shopping areas as soon as the workers are done using them. Or, there needs to be warning signs to indicate the presence of a step stool, which are clearly visible and immediately understood by the average person. Injuries, by the way, can also happen to workers, who can trip and fall over a step stool that wasn’t put away. Aside from stores, workplace accidents involving step ladders can happen in office buildings, hospitals, libraries, schools, and many other places.
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Potential Injuries from Tripping over a Step Ladder
Catching your foot on something or bumping into an object catches you off guard, and the natural reaction is to fall forward, backward, or to the side. This alone can cause serious harm, but if your foot, leg, hand, or another part of your body gets stuck in a part of the ladder or stool as you fall down, your injuries can be even worse.
While it’s impossible to list them all, here are some of the most common injuries that are associated with step ladder trip and fall accidents:
- Broken bones
- Damage to the facial bones (nose, eye sockets, cheekbones)
- Dental damage (chipped or missing teeth)
- Dislocated shoulder
- Knee injury
- Hip or pelvic fracture
- Traumatic brain injury
- Damage to the spinal cord
- Neck injury (whiplash)
- Fracture of the wrist or ankle
- Torn muscles, tendons, and ligaments
- Cuts and abrasions
- Permanent scarring
- Loss of function (nerve damage, paralysis, etc.)
- CRPS (chronic pain after an injury has healed)
Physical injuries are not the only ways you can suffer from a fall-related accident. Long-term emotional trauma, like PTSD and depression, is very common among trip and fall injury victims. Insurance adjusters often deny claims of emotional distress, but our lawyers can help you get paid on these damages.
Who can I Sue for my Injuries?
Trip and falls on step ladders and stools are generally the responsibility of the property owner, which may be a person, a company, or a public entity (such as a government agency). To sue the owner for your injuries, you will need to prove that they failed in their duty of care through an act of negligence. In addition, you must establish a direct link between the negligent act and the circumstances that caused your injuries. To help you understand this process, here are the four elements that must be met in order to file a personal injury lawsuit:
Duty
As a shopper, guest, or visitor on the premises (meaning you had a legitimate reason to be there), the owner of the property owed you a duty of care.
Breach
The owner breached their duty of care to you through an act of negligence or misconduct, such as leaving out a step stool after it’s been used or putting it in an area with poor lighting or lots of clutter, thereby increasing the risk of someone tripping on it.
Causation
Due to this act of negligence, you had a trip and fall accident that caused you compensable injuries, including bodily harm, emotional trauma, and property damage.
Damages
These damages entitle you to monetary compensation from the owner, business, or public entity.
Even if your accident meets all these conditions, it can be challenging to navigate the claims process and recover the funds you deserve. To maximize your chances for compensation, please consult the legal experts of Normandie Law Firm.
Workers’ Compensation Claim for a Step Ladder Injury
If your trip and fall accident is work-related, you will need to file a workers’ compensation claim through your employer. This is a fairly standard procedure, in which an insurance claim is filed on your behalf. If the claim is approved, you will receive payment for medical expenses, missed wages, and disability benefits. To make sure you are paid in a timely manner, please inform your employer right away if you tripped and fell on a step stool or step ladder.
Unfortunately, some cases are much more complicated than others, or you may have your claim rejected even though you are clearly entitled to benefits. A worker’s compensation lawyer at our office can fight for your rights and ensure that you are compensated for your injuries. If you need more information on your rights as an injured worker, don’t hesitate to give us a call.
Average Value of a Trip and Fall Injury Case
When we think of what a client is entitled to for their injuries, there are several categories we need to examine. These include:
- Medical treatments, such as surgery, medications, and physical therapy
- Lost wages from missed time at work
- Pain and suffering
- Mental anguish
- Property damage
- Cost of legal representation
- Punitive damages
Once we determine which of these damages you are entitled to and how much we can ask for, only then we can get a sense of what your case is worth. However, if we were to make some educated guesses based on past verdicts and settlements, a trip and fall injury case may be worth around $250,000 to $750,000 for moderate to serious injuries. If your injuries are fairly minor, the total amount of compensation will be lower, perhaps in the $15,000 to $30,000 range. The highest values are associated with severe health issues, like paraplegia and traumatic brain injuries. Victims with these types of injuries may receive settlements that are in excess of $1 million.
But there are many other factors that can impact your case value, which is why you should seek advice from a knowledgeable attorney. Contact our office if you’ reinterested in learning about the approximate value of your injury claim.
How long does it take to get Paid on these Cases?
Now that we’ve talked about possible settlement values, you are probably curious to know the length of time it will take to receive your payment. It’s our duty to fight for the settlement you deserve, while ensuring that you are compensated in a timely manner. Accomplishing both these goals can take as little as a few months if the at-fault party makes a fair offer. In truth – particularly for serious injury cases – there’s likely to be pushback from the other side, so negotiating your damages can take anywhere from a year to 18 months. In the most extreme cases, two or more years may be needed to settle your case.
Deadline to File a Trip and Fall Accident Claim
The state of California imposes time limits on how long you have to take legal action as an injury victim. For a trip and fall injury, you have two years from the date of your accident to sue the negligent party for compensation. Certain injuries can take time to appear, so if it’s not evident that you are hurt right away, you have two years from the discovery of an injury to file your lawsuit. Either way, you must not delay in taking the right steps to recover your damages. If you are past the two-year statute of limitations, it will be very difficult to obtain an extension from the courts. As a result, you may be permanently banned from filing a lawsuit against the responsible party.
Free Second Opinion
If you have an active lawsuit, you may benefit from a second opinion with one of our lawyers. This is a free consultation where you can verify information that you were told by your attorney. We can also provide clarity if you’re having trouble with certain aspect of the law, or there are serious concerns you have with your attorney’s abilities. Issues like lack of communication, incompetence, or lack of empathy can have a negative effect on the outcome of your case. Switching your lawyer may be the solution if you’re at odds with your lawyer, but you should always consult a legal expert before you make such a big decision.
However, there is absolutely no obligation to sign on with our law firm. No matter what you decide, our second opinions are completely, so there is no risk to you in taking some time to speak with us.
Speak to a Lawyer Experienced in Trip and Fall Accidents
When you’ve been injured through an act of negligence, you have the right to pursue a claim for damages against the party that has wronged you. Unfortunately, the legal process is very complicated, especially if the other side is unwilling to admit that they are at fault. Thus, it’s important to retain an attorney that’s experienced in the recovery of trip and fall injury settlements.
When you choose Normandie, there are no upfront costs to you under the terms of our Zero fee guarantee. This is a contingency fee agreement, which makes all our services free to you for the duration of your case. We get paid by the party you are suing, and that’s only if we recover your compensation award. Otherwise, we eat the costs, and you walk away without any obligation for our expenses. To get started on an injury claim with one of our attorneys, call us right away to schedule a free consultation.
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