Fortunately, most of the time a slip and fall accident results in nothing more than minor bruises or soreness. There may be an initial bout of embarrassment or even amusement, yet generally speaking, those who fall at an establishment are often able to immediately proceed with the normal functions of their day. This is not the case however, when the slip and fall results in a serious or traumatic brain injury to a victim. In fact, slip and fall accidents are the leading cause of brain injuries in America.
Brain injury is one of the most prevalent injuries resulting form slip and fall accidents. According to estimate published by the CDC center for disease control Slip and Fall accidents including tripping accidents account for close to 10 % of all preventable traumatic brain injuries in the United States. Permanent damage to the brain is one of the most serious types of injuries; on average the lifetime cost of care, treatment and rehabilitation of brain injuries amount to an estimated $800 Thousand to $1.5 Million.
Different typed of Traumatic Brain Damage Cause by Slip and Fall Accidents: There are numerous types of brain injury which can result from slip and fall mishaps including Intracranial Hemorrhage (internal bleeding of the brain), Skull Fracture, and Diffuse Axonal Injuries characterized by punctuate hemorrhagic or non-hemorrhagic lesions on the brain. Brain injuries often result in significant permanent disabilities including
Complete or partial loss of memory
Cognitive and Behaviorally disabilities
Inability to care for one’s self
Loss of motor functions
Psychological issues including anxiety, depression, and Post Traumatic Stress
A brain injury can result from either the impact of hitting your head on the floor, or crashing into another object on the way down. The damage to the brain can range from very moderate, such as a concussion, to very severe, such as a hematoma or skull fracture. Sometimes, the effects of a brain injury are not even felt until years later, as studies suggest that they can lead to dementia or Alzheimer’s Disease later in life. Therefore, it is crucial that a brain injury is immediately diagnosed. Symptoms to look for after hitting your head include:
Headaches and/or neck or back pain
Inability to focus the eyes
Difficulty getting out of bed in the morning
Decreased cognitive ability to think, speak, act or read
Increased sensitivity to light
Lack of energy or motivation
Feeling of confusion or anxiety
Loss of smell or taste
Although these are some of the signs of a brain injury from a slip and fall accident, it is completely possible to suffer serious brain injuries without any signs or symptoms. It is crucial to receive an immediate medical evaluation after any trauma to the brain.
Who is at Fault for Slip and Fall Accidents
Slip and fall accidents can happen for a number of reasons. Many times though a slip and fall brain injury occurs as a result of a property owner’s failure to keep a safe environment or adhere to safety procedures. Instances that will place the blame on a property owner are:
Slippery surfaces – if a store, restaurant ,warehouse or other public facility knew or should have known about a slippery substance on the floor and fail to clean it, they will be at fault for the fall.
Failure to fix – slip and fall accidents can occur from defective surroundings. We’ve all seen them around us. Cracks in the floor, protruding rods, or uneven carpeting. The owner’s of these premises are at fault for accidents that occur as a result of their failure to fix these.
Stairs – people can fall from poorly maintained stairs. These fall often result in the most egregious injuries, as they are elevated and pose a greater level of trauma.
Building code violations – building codes are put into place for a reason. They are intended to keep people safe and the breakdown of these codes indicates that the property owner or manager is strictly liable for your injuries.
Types of Brain Damage
The amount of force that results from a slip, trip and fall heavily influences the type of brain damage. Although even serious injuries can occur from even mild trauma, generally the more severe types of injuries are reserved for more serious types of falls. Brain damage falls into 2 categories: Primary brain damage is an injury that is complete at the point of impact. Primary brain damage include:
Skull fractures – any breakage or fracture of the skull
Contusion or Bruises – bruise of the brain tissue. Also called a celebral contusion, it could result in blood vessel leaks into the brain tissue.
Hematoma – a hematoma is like a blood clot in the brain. When a blood vessel wall, artery, vein or capillary is damaged, and blood flows into the brain, a hematoma occurs.
Laceration – as the word would imply, a brain laceration or cerebral laceration is a tearing or cutting of the tissue of the brain.
Nerve damage – head trauma can damage nerve cells in the brain. This often hinders the brains ability to communicate body functions, resulting in: paralysis of facial muscles, inability to move eye muscles, loss of smell, vision or facial sensation, or inability to swallow.
Sometimes, cranial trauma will result in injuries that progress over time, which is known as secondary brain damage. These include:
Edema (brain swelling)
Infection inside the brain
Low or high blood pressure
Alteration of the lung
Slip and Fall Accidents Amongst Older Adults: One in three adults over the age of 65 will experience a slip and fall accident. Older adults are five time more likely to be hospitalized from such accidents resulting in over $19 Billion dollars per year in total medical costs.
Filing a Lawsuit for Brain Injury form Slip and Fall Accidents – Property Owner Liability Claims:
Property owners have a duty to protect visitors including guests and shoppers from an known potential dangers including wet floors, failure to clean up debris, uneven surfaces, loose carpeting, and looses electrical wires. The exacts duties owed to an injured victims are based on their status.
Invitee: An invitee is owed the highest duty of care. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit.
Licensee: Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose.
Trespassers: There is no duty is owed to a trespasser. However, in situations where the possessor knows of potential trespassers, he or she must give reasonable warning for dangerous conditions, but only for artificial conditions, and only if the condition is not obvious.
If a slip and fall accident has resulted in a brain injury, you need to protect your rights. Downtown L.A. Law Group understands the intricacies involved with slip and fall accidents that result in all types of traumatic brain injuries. Please call today to immediately get in touch with a skilled advocate of your rights.
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By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST - 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.