Slip and fall injuries are a common occurrence in Oklahoma City. Occasionally, there are slip-and-fall accidents, and nobody is to blame. On other occasions, however, your fall could be the fault of a third party. And if it is, you may be owed compensation.
Hasbrook & Hasbrook has an Oklahoma City slip and fall attorney who works with you to determine whether you have a viable case. We evaluate the facts surrounding your accident and then tell you if we believe you could be owed compensation. With our legal support, you can focus on your health and well-being while they handle the legal aspects of your case, fighting to secure the compensation you deserve.
The Leading Causes Of Slip And Fall Accidents In Oklahoma City
Slip and fall accidents rarely happen in Oklahoma City without a cause. Often, there is a contributory factor. These include:
-
Leading Causes Of Slip And Fall Accidents In Oklahoma City Broken Stairs: A prevalent hazard leading to severe slip and fall accidents, broken stairs can cause significant injuries due to uneven or missing steps. Property owners in Oklahoma City must maintain stairways to prevent such accidents.
-
Wet and Slippery Floors: Often resulting from spills or inadequate cleaning, wet and slippery floors are among the top causes of falls. Oklahoma City’s businesses must address spills promptly and post warning signs to prevent injuries.
-
Potholes: Particularly in parking lots and sidewalks, potholes present a tripping risk that can lead to serious injuries. Regular maintenance and prompt repairs are essential in Oklahoma City to mitigate these hazards.
-
Torn Carpets: Loose or torn carpeting in hotels, offices, and public buildings can easily catch on shoes, causing people to trip. Property managers should ensure carpets are well-maintained and flat against the floor.
-
Dim Lighting: Poor lighting can make it difficult to see obstacles, leading to trips and falls. Adequate lighting in all areas, especially stairwells and hallways, is crucial for safety in Oklahoma City premises.
-
Ice or Snow on the Ground: During winter months, ice and snow accumulation on walkways and parking lots increases the risk of slip and fall accidents. Property owners need to clear these hazards promptly.
-
Dark Stairwells: Similar to dimly lit areas, dark stairwells pose a significant risk for falls. Installing sufficient lighting in stairwells can prevent these accidents in Oklahoma City buildings.
-
Improper or Inadequate Draining: Water accumulation due to poor drainage can create slippery conditions. Ensuring proper drainage systems are in place and functional is key to preventing slip and fall incidents.
-
Spilled Produce: In grocery stores and markets, spilled produce like fruits and vegetables can cause slips. Regular aisle checks and cleanups are essential for preventing such accidents.
-
Lack of Handrails: Handrails provide stability and support, especially on stairs and ramps. Their absence can increase the risk of falls, making it important for properties to include handrails where needed.
-
Uneven or Cracked Sidewalk: Uneven surfaces are a common cause of trips and falls. Property owners and municipalities in Oklahoma City should ensure sidewalks are well-maintained and repair any damages promptly.
What Damages Can You Claim In A Slip And Fall Accident?
The costs of a slip and fall can be considerable. You may face tangible costs, such as medical expenses and lost wages, as well as intangible costs, such as physical and mental suffering resulting from the accident.
Economic Damages
-
Medical Expenses: Victims can claim compensation for all medical-related costs, from emergency room visits to rehabilitation services. This includes past, present, and future medical bills related to the slip and fall injury. Oklahoma City residents should keep detailed records of all healthcare visits, treatments, and prescriptions.
-
Lost Wages: If your injury caused you to miss work, you could claim compensation for lost income. This encompasses not only the wages you’ve already lost but also the loss of earning capacity if your injuries prevent you from returning to your previous job or working in the future.
-
Property Damage: While less common in slip and fall cases, if your personal property (e.g., glasses, clothing, phones) was damaged as a result of your fall, you can claim the costs of repair or replacement.
Non-Economic Damages
-
Pain and Suffering: Compensation for pain and suffering accounts for the physical pain and emotional distress suffered due to the accident. This includes ongoing discomfort, anxiety, depression, and loss of enjoyment of life experienced by victims in Oklahoma City.
-
Mental Anguish: Separate from pain and suffering, mental anguish compensates for psychological impacts such as stress, anxiety, and depression. It recognizes the profound emotional toll a slip-and-fall accident can have on an individual.
-
Loss of Consortium: For married couples, if a slip and fall injury adversely affects the relationship, compensation can be sought for loss of consortium. This covers the loss of companionship, affection, and support within the marriage.
Punitive Damages
While not commonly awarded in slip-and-fall cases, punitive damages may be considered if the defendant’s actions were particularly reckless or malicious. These damages are intended to punish the offending party and deter similar conduct in the future.
If you’ve been injured in a slip and fall, you must act sooner rather than later. Oklahoma’s injury law has a two-year statute of limitations, meaning you must initiate your case within 24 months of your fall. Don’t let the clock run out on your Oklahoma City slip and fall claim. Contact Hasbrook & Hasbrook immediately to secure your rights.
What Are The Elements Of A Successful Slip And Fall Case?
If you want to launch a successful trip-and-fall case, you need to demonstrate to the court (with our assistance) that your slip and fall resulted from a third party’s negligent actions. (The third party can be a business, a homeowner, or a public agency). The law requires you to show that the defendant owed you a duty of care, breached that duty of care, and, in so doing, caused your injuries. Your OKC slip and fall compensation attorneys will help you show the following:
Duty of Care
- Definition and Importance: Property owners in Oklahoma City have a legal obligation to ensure their premises are safe for visitors. This responsibility is known as the “duty of care.” The level of this duty can vary depending on the relationship between the property owner and the visitor (e.g., invitee, licensee, or trespasser).
Breach of Duty
- Identifying Breaches: A breach occurs when a property owner fails to meet their duty of care. This can include scenarios like not mopping up a spill in a timely manner, failing to repair a broken step, or not securing loose carpeting.
Causation
- Linking Breach to Injury: Directly linking the property owner’s breach of duty to the injury sustained. It’s not enough to show that the property was unsafe; you must prove that this specific negligence caused the slip and fall. For instance, if someone slipped on a wet floor without warning signs (vs. with warning signs or something that is “open and obvious), demonstrating how this negligence led to their specific injuries is required.
Damages
- Quantifying the Impact: Finally, proving actual damages as a result of the fall. This goes beyond physical injuries, encompassing economic losses such as medical bills and lost wages, as well as non-economic losses like pain and suffering. The importance of documentation and expert testimony is often needed to substantiate these claims.
Oklahoma’s “contributory negligence” rules allow the courts to assign blame for injuries to you and the defendant. According to the statute, “the amount of the recovery shall be diminished in proportion to such person’s contributory negligence.” Furthermore, if the court determines that your negligence accounted for 50 percent or more of the injuries, you can’t recover any damages.
Hasbrook & Hasbrook has extensive experience dealing with cases involving contributory negligence. We file a lawsuit on your behalf that shows the third party’s negligence, helping you to retrieve as much compensation as possible. If you’ve suffered injuries from a fall, our Oklahoma City slip and fall injury lawyers are here to help.
Oklahoma City Slip And Fall Statistics
The Oklahoma State Department of Health records the number of accidental deaths resulting from falls.
Falls were responsible for more than 731 deaths across the whole of Oklahoma. When we break down the data by metropolitan county, we find the following death tallies for 2018:
- Canadian: 31 deaths
- Cleveland: 38 deaths
- Grady: 19 deaths
- Kingfisher: less than five deaths
- Lincoln: 7 deaths
- Logan: 9 deaths
- McClain: 13 deaths
- Oklahoma: 202 deaths
- Payne: 10 deaths
- Pottawatomie: 16 deaths
Summing across all counties, we find the total number of deaths from accidental falls in the Oklahoma City metro area was 350 in 2018.
The Oklahoma State Department of Health also records the total incident rate of non-fatal illnesses and injuries, including slips, trips, and falls. The recorded case rate in all industries, including state and local government, was 3.8 per 100 full-time workers per year. In goods-producing sectors, the figure was 4.2, and in agriculture, forestry, fishing, and hunting, it was 5.1.
The Bureau of Labor Statistics collects data on the number of non-fatal and fatal workplace falls, slips, and trips across Oklahoma. Data suggest that of Oklahoma’s 91 fatal injuries in 2018, 11 resulted from slips, trips, and falls. Three people were between 25 and 34, and six were over 55.
The Bureau of Labor Statistics also collects nationwide slip, trip, and fall data. These reveal 240,160 workplace-related slips, trips, and falls in 2018. 79,140 of these events resulted in sprains, strains, and tears of ligaments, tendons, and muscle fibers. 42,800 led to bone fractures, and 5,940 led to cuts, lacerations, and punctures. A further 28,570 injuries caused bruise contusions, and 12,710 caused multiple traumatic injuries to various body areas. Around 19 percent of recorded injuries – 51,230 – led to general soreness and pain.
Hasbrook & Hasbrook points out that it is possible to slip and trip without a fall and still cause injury. The BLS data provides evidence that this is the case. There were 35,330 slips and trips without a fall reported in 2018. Of those, 25,470 resulted in sprains, strains, and tears, and 1,870 caused fractures. A further 50 led to cuts, lacerations, or skin punctures.
Of all slips, trips, and falls recorded in the workplace, 147,390 were “falls on the same level.” 38,230 led to sprains, strains, or tears, and 26,300 led to bone fractures.
In addition, 52,510 “falls to a lower level” across the US in 2018. Of these, 13,160 led to sprains, strains, and tears, and a further 10,510 led to soreness and pain.
Suffered a Slip and Fall in Oklahoma City? Don’t Wait—Act Now! Contact Hasbrook & Hasbrook for a Free, No-Obligation Consultation.
Our slip and fall attorneys are committed to securing the maximum compensation for your injuries. Don’t let the opportunity for justice “slip” away. Call us today at 405-605-2426 and take the first step towards recovery. You may be owed compensation if you’ve experienced a slip, trip, or fall. Here at Hasbrook & Hasbrook, we can evaluate your case and let you know whether you recover any damages.
Slip and Fall Injury FAQs
How long do I have to file a personal injury lawsuit?
Oklahoma law imposes a two-year statute of limitations for slip and fall lawsuits, measured from the date of the accident. If you miss this deadline, you will likely lose the right to bring a claim. Even if you believe your injuries are mild, speak with an attorney as soon as it’s feasible to ensure you preserve all potential claims.
What steps should I take immediately after the incident?
If you have been injured in a slip and fall accident, consider taking the following actions as soon as you can: 1. Seek medical attention: Get prompt medical care for any injuries, even if they seem minor. 2. Report the accident: Notify the property owner, manager, or other responsible individual to create a record. 3. Gather evidence: Take photos of the area where you fell, noting any hazards such as wet floors or broken steps. 4. Collect contact information: Ask eyewitnesses for their names and phone numbers. 5. Preserve documentation: Keep photos, receipts, medical records, and any other proof of your injuries or related costs. 6. Avoid premature discussions: Refrain from giving statements to insurance representatives before consulting an attorney.
Should I speak with the insurance company?
Generally, it’s best to consult with a qualified lawyer before speaking with an insurance adjuster. Insurers often seek recorded statements or ask leading questions that can compromise your claim. An attorney can handle these communications on your behalf and help protect your legal rights.
How do I prove fault?
To succeed in an Oklahoma slip and fall claim, you must show: • Duty of Care: The owner owed you a legal obligation to keep you reasonably safe on the property. • Breach of Duty: The owner failed to meet that obligation (e.g., did not fix a hazard, post warning signs, or inspect regularly). • Causation: The breach caused your injuries—meaning you would not have been hurt had the dangerous condition been addressed or warned against. • Damages: You suffered monetary losses (medical bills, lost wages), physical harm, or emotional distress due to the slip and fall.
What evidence is important for my claim?
Key evidence includes: • Photographs or video footage of the accident scene (e.g., the hazard or condition that caused your fall). • Witness statements from individuals who saw the accident. • Incident or accident reports, if generated by the property owner or manager. • Maintenance and repair logs. • Medical records documenting all injuries and related treatment. • Expert testimony (e.g., from safety inspectors or medical professionals).
When do punitive damages apply in injury cases?
Punitive damages are awarded in cases of particularly egregious or reckless conduct by a defendant. They are not meant to compensate the victim directly but to punish the wrongdoer and encourage safer behavior going forward. Oklahoma Statutes Title 23, Section 9.1 outlines the circumstances under which punitive damages may be available.
References
Oklahoma State Department of Health OK2SHARE 2018
Bureau Of Labor Statistics: Fatal occupational injuries in Oklahoma, 2012
Bureau Of Labor Statistics: Injuries, Illnesses and Fatalities, Table R31, 2018