Most slip, trip, and falls do not happen when all the conditions are right. If the lighting is good, the walking surface is clean and even, ramps and steps are clearly marked, and the floor is free of loose boards and torn carpeting, chances are that no one will fall. Falls occur when one of multiple conditions lead to it. Even falls by the very elderly are much more likely to occur when the floor is cluttered or the walking surface is dirty, slippery, or uneven. More than half of falls occur when there is a problem with the walking surface, and loose floorboards are among these problems. Victims who suffer a trip and fall or slip and fall at another person’s house or within a business or public property have the right to pursue compensation by filing a personal injury claim against the property owner or business owner. Here at The Preszler Law Firm, our slip, trip, and fall lawyers specialize in loose floorboards and other tripping hazards and can help you achieve a desirable outcome in your Windsor personal injury case.
Our slip and fall accident lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Common Injuries Sustained in Slip and Falls Caused by Loose Floorboards
Slip and fall or trip and fall injuries are often caused to the lower legs, hands, wrists, and shoulders when the victim is able to catch him or herself. While landing on an outstretched arm or shoulder can cause damage to that limb, it often saves the individual from more serious harm inflicted on the head, neck, and back.
- Fractured or sprained ankle
- Fractured or sprained wrist
- Fractured ulna (forearm bone)
- Fractured elbow
- Fractured or sprained hand or fingers
- Fractured collar bone
- Contusions and lacerations to the arms or hands
The most serious injuries include the following:
- Traumatic brain injury
- Back and neck trauma:
- Herniated disc
- Bulging disc
- Spinal cord injuries
- Fractured vertebrae
- Strained or torn muscle or tendon
- Fractured rib
- Fractured hip
- Injuries to the face
- Fractured jaw
- Broken nose
- Fractured eye socket
- Damaged teeth
- Torn ACL tendon
- Torn meniscus
- Fractured tibia or fibula
- Fractured femur
Trip and falls caused by loose floorboards often cause multiple injuries to various regions of the body. A serious fall that involves multiple injuries, such as one involving a broken wrist, bruised ribs, and a serious concussion, increases the value of an injury claim because the pain and suffering, lost wages due to disability, and out-of-pocket medical expenses are so much more than if the injury was located to one body region.
Windsor Loose Floorboards Lawyer Near Me (416) 364-2000
Compensation for Trip and Falls Due to Loose Floor Boards
- Lost wages and earning ability
- Pain and suffering
- Out of pocket medical expenses
- Housekeeping expenses
- Travel expenses to medical appointments
Who Is Responsible for the Fall?
Loose floorboards generally cause falls in one of two ways—the fall victim catches a foot on a protruding or uneven edge, or the floorboard slides out underneath a foot along its track. Regardless of how you, the victim, believe or know how the fall occurred, it is not enough to simply send a bill to the at-fault party’s insurance provider for your medical expenses, lost wages, pain and suffering, and other damages. You have to be able to prove that the property or business owner was responsible for causing your injuries. This may involve an investigation, gathering eyewitness testimony, and returning to the site to scrutinize the walking surfacing. After determining that the loose floorboard did indeed cause you to fall, the next step is to prove that the business owner or property owner had real or constructive knowledge about the tripping hazard, which in this case is a loose floorboard, and that they had enough time to repair or block off the hazardous area for invitees, but failed to take action.
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Real Vs. Constructive Knowledge
You sustained injuries from falling on another party’s property, and that fall was caused by a loose floorboard. This is still not enough information to win a personal injury claim or lawsuit. Your lawyer will also have to prove that the property or business owner had either real or constructive knowledge about the loose floorboard, and prove that they had enough time to fix the hazard but failed to do so. What is “real” or “constructive” knowledge?
An example of real knowledge would be for the property owner to walk over the loose floorboard and hear it creak, look down and see that it is loose, or to trip on it him or herself. Or, real knowledge could be having been told about the loose floorboard by another customer or employee. Constructive knowledge is a little more complicated. It involves having a set of facts and extrapolating on the facts to end up with “constructed” knowledge about a given hazard. In the scenario of a loose floorboard, an example of constructive knowledge could be knowing that the floorboards near the entranceway and at two other locations became loose and uneven a few months ago, which had to be repaired. A reasonable person would realize that there might be other loose floorboards scattered throughout the house or building and that they too could pose a tripping hazard.
An Experienced Lawyer Can Prove Liability
Falls are the most common cause of injury leading to emergency department visits in Canada, according to The Huffington Post, but not all falls lead to compensation for the injured party. Only when the victim can prove liability will he or she be compensated for damages, and this is best achieved by working with a Windsor personal injury lawyer who has experience handling trip and fall cases. Our lawyers at The Preszler Law Firm will investigate the cause of your fall and gather the information needed to file a claim against the negligent store owner or property owner.
Our Slip, Trip, and Fall Lawyers Can Get You the Compensation You Deserve
Being the victim of a trip and fall caused by loose floorboards is a traumatic experience that most people want to put behind them as quickly as possible. The downside to moving on without pursuing financial compensation is that you do not fully know the extent of your injuries and disability until months after the fall, and it is very risky to assume that your expenses will be minimal. Let the Windsor lawyers at The Preszler Law Firm help you by calling 1-800-JUSTICE to set up a free consultation today.