Shoulder Injuries in Slip and Fall Accidents
It is not uncommon for people in stores, restaurants, and other businesses to encounter conditions that are slippery and cause them to fall. Some fall victims are able to walk away unharmed, but many others land in a manner that causes them to suffer shoulder injuries in slip and fall accidents. If you hurt your shoulder in a fall on another person’s property, you could be owed damages, and you should meet with an attorney to assess your possible claims. The seasoned Cape Cod slip and fall lawyers of The Law Offices of John C. Manoog, III are well-versed in what it takes to prove negligent parties should be held accountable for the injuries they cause, and if you hire us, we will aggressively pursue the best outcome possible in your case. Collectively, we have over fifteen decades of experience representing people injured in slip and fall accidents, and our knowledgeable representation has allowed us to recover numerous multi-million dollar settlements and verdicts for our clients.Shoulder Injuries in Slip and Fall Accidents
Many people who slip and fall will land on their arms or elbows. Additionally, people will often attempt to break or prevent a fall by placing their arms in front of them or grabbing onto a railing or other nearby structure. In such instances, the shoulder will often absorb the force of the impact, which can cause a variety of injuries. For example, shoulder separation or dislocation, torn ligaments and tendons, fractures, and rotator cuff injuries are commonly caused by slip and fall accidents. The shoulder is one of the most used joints in the body, and therefore, shoulder injuries in slip and fall accidents are often debilitating. In many instances, people with shoulder injuries will require surgery and extensive physical therapy.Proving Fault in a Premises Liability Lawsuit
Generally, there are two primary causes of slip and fall accidents on Cape Cod: untreated snow or ice and liquid, food, or debris on the floor of a business like a store or eating establishment. Such conditions usually make the floor slippery, and people who unwittingly encounter them will often lose their footing and fall.
The circumstances that lead to slip and fall accidents are often brought about by the carelessness of the person or entity that owns the property where the fall occurred, and negligent property owners can be held liable for harm suffered on their premises. Typically, a plaintiff in a premises liability lawsuit will assert a negligence claim against the defendant. Proving negligence requires proof of a duty owed by the defendant to the plaintiff, a breach of the duty, and harm that was proximately caused by the breach.
Usually, the duty owed in a premises liability lawsuit is to prevent people who legally enter the property from suffering harm. The evidence needed to establish a breach of the duty varies depending on the nature of the property. In many instances, the plaintiff must show that there was a dangerous condition that caused him or her to fall and that the defendant either created the condition or was or should have been aware of it because of how long it existed on the property. Typically, proving actual or constructive knowledge requires circumstantial evidence, like eyewitness testimony or surveillance videos. In cases in which the condition that caused the fall was a reasonably foreseeable consequence of the manner in which the defendant conducts business, though, the plaintiff does not have to prove that the defendant knew or should have known of the condition. For example, if a slip and fall was caused by produce on the floor of a store, the plaintiff may be able to show that the defendant is liable by proving that it is relatively likely that such a condition was likely to arise due to the defendant’s mode of operation.Speak to a Knowledgeable Attorney on Cape Cod
Slip and fall accidents frequently cause shoulder injuries that are not only painful but also greatly diminish people’s ability to work and perform ordinary tasks. If you hurt your shoulder in a fall on another person’s property, you could be owed damages, and you should speak to a lawyer about your options. At The Law Offices of John C. Manoog, III, our knowledgeable attorneys possess the skills and experience needed to help you seek a just outcome, and we will advocate zealously on your behalf. We have a history of obtaining favorable verdicts, including many that exceed one million dollars. We regularly represent people in slip and fall cases on Cape Cod and Plymouth. You can reach us via our form online or at 888.262.6664 to set up a conference. Nós Falamos Português.