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Newsletter Issue No. 16
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Recklessness Often Causes Slip and Fall Accidents
Reckless behavior that contributes to a slip and fall accident is negligence.
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Sometimes it seems that the whole world is in a rush. Depending upon where you live, people seem to be moving about in a very fast manner. This is very common in major metropolitan cities such as Philadelphia and New York where there are a lot of office buildings. Office buildings generally are the place where a lot of meetings are held and wherever people are headed to meetings there will be people who are running late.
Then again, there will be people in a rush no matter where you go. You could be living in a very slow paced residential community when a pizza delivery person bursts out of a car trying to beat a "delivered in under 30 minutes or it is free" offer. While it is understandable that some people need to get where they are going as soon as possible, this does not absolve them avoiding reckless behavior.
If someone is in a rush and bumps into you or, worse, elbows you out of their way and you fall this is no laughing matter. When you are hit unexpectedly your immediate reaction is not always helpful. For example, a common response to dealing with a fall is to extend one arm out to break the full. This only partially works. It will protect most of your body, but it will surely injure an elbow upon impact. Now, whose fault is this accident? Clearly, much of the fault lies with person who was completely oblivious to your safety and bumped into you. Once again, no matter how much of a rush a person is in they have no right to knock people out of the way and cause a slip and fall accident.
If a slip and fall accident occurs due to the negligence then there is a strong basis for civil action. They slip and fall accident does not merely mean tripping. It means any accident where a person is sent to the ground in a dangerous manner. Being in a rush is no excuse for knocking people down. If rudeness is the only reason for this accident occurring, there is no absolution for any injuries the results. Proper behavior goes hand in hand with maintaining proper safety.
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No Slip Floors?
Some products claim the ability to make a surface free of all slip and fall accidents. Are they legitimate?
There are a number of steps one can take to prevent a slip and fall accident. Many of these steps are relatively easy such as making sure floor surfaces are clean. Then, there are other extra steps one could take as an extra precaution against instances of a slip and fall accidents. While some may feel these extra steps may not be necessary, others have the foresight to realize that it is always better to reduce the potential for injury. This is all that difficult since there are a number of low cost "cautionary products" that inexpensively reduce injury risks. Products that provide a finish for tile floors that reduce the slipperiness of floor surface fall into this category.
Yes, while most finishing items are designed to enhance the look of a particular floor there are also products that can reduce the potential for a slip and fall accident. But are these products effective? This is a difficult question to answer because sometimes they will work quite effectively but there will also be instances where slip and fall accidents are unavoidable. If such an accident does occur becomes necessary to examine why the accident occurred so as to see if a defective finishing product was the reason.
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Some may automatically assume that, indeed, it was the finishing product that was defective. This may very well be the case and if it is then the manufacturer of the product is liable. However, there could be another reason why the accident occurred.
If the owner of the property assumed that "anti-slip" finishing product would completely eliminate the potential for slipping and did not take other steps to reduce potential hazards then the property owner may very well be liable. Then again, it is also possible that the company hired to apply the finishing product were did not apply it correctly. In this case, they may be held liable as would the manufacturer if they released a defective product.
Ultimately, the main point of consideration is to make sure all environments are free of slipping hazards. That is why applying an anti-slip finish to a floor is advisable. If a slip and fall accident does occur, however; it is important to find out why it occurred. Then the liability can be placed at the feet of the party that was truly responsible for the action.
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ASK A PHILADELPHIA LAWYER... TO FIND OUT WHETHER A LAWYER AT ANAPOL SCHWARTZ CAN HELP.
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