Slipping and falling can happen to anyone, even those with vision impairments or blindness. These accidents can cause serious injuries and financial burdens because of medical costs, lost income, and ongoing care. A person can sue if an accident is caused by negligence. It doesn’t matter if they are blind or not. This article explores the legal implications for a blind person suing for a slip and fall accident, the concept of negligence, as well as how to file a claim.
Understanding Negligence in Slip and Fall Cases
To understand whether a blind person can sue for a slip and fall, it is important to first examine the concept negligence. In legal terms, negligence occurs when someone or a business fails to exercise reasonable care in causing harm to another. According to the law, all property owners, businesses, and other entities must provide a safe environment for their visitors. This duty of care applies to all individuals, including those with disabilities or blindness.
In slip and fall cases, the plaintiff must prove that there was negligence. The plaintiff, the person who slipped and fell must:
- The property owner or occupant owes a duty of care: It is the responsibility of property owners to provide a safe environment to their guests. This includes any potential hazards, such as wet flooring, uneven surfaces or obstacles that could lead to a slip and fall accident.
- The property owner breached their duty of care. Plaintiff must prove that owner failed to address hazardous conditions promptly. A breach could occur if a store owner is aware of a wet floor but fails to put up warnings or clean it promptly.
- Accidents are directly caused by failure to fulfill a duty. The plaintiff must show that their slip and fall was caused by the unsafe condition of the premises.
- Slip and fall accidents can cause damages. The plaintiff must provide proof of injuries and damages (medical bills, lost income).
Blind individuals should be given special considerations in slip and falls cases
Blind people can sue for injuries they sustain in a slip and fall accident. In cases involving individuals with disabilities, there may be unique factors to consider. Courts will take into account several factors when determining liability:
- According to the Americans with Disabilities Act, property owners and businesses are required to provide reasonable accommodations for persons with disabilities. For blind or visually impaired people, it is essential to have features such as tactile paving and clear paths. If the injured party is not provided with the accommodations they need and the lack accessibility was a factor in the slip-and fall accident, the injured party may be able to sue the property owner.
- Shared Responsibility: In slip and fall cases involving blind individuals, the defense may argue that the plaintiff is negligent because of their visual impairment. The argument is not valid if there was negligence on the part of the property owner in failing to maintain safe conditions. In many states, blind people can be held responsible even if found to be at fault. The plaintiff can still recover damages, but their compensation will be reduced according to the percentage of fault.
- Pre-existing Conditions: Blind people can have existing health problems such as balance or mobility issues. A slip and fall accident could exacerbate these conditions. Even if the property owner was aware of underlying conditions, he or she can be held responsible for injuries that occur as a result of a slip-and-fall accident. It is important that blind people provide their medical history and any aggravated conditions when filing a suit.
The Blind Person’s Proof of a Slip-and-Fall Case
The same procedure applies to blind plaintiffs who want to prove their slip-and-fall claim. In order to prove your claim, it is essential to gather specific evidence.
- Documentation of hazardous conditions: It is important to document the hazardous condition which led to the slip-and-slide. To prove this, you can use photographs of the hazardous conditions, witness statements and footage from surveillance cameras. The plaintiffs’ team will attempt to prove the property owner was aware or should have known about the hazardous condition but did not fix it.
- Medical Records: It is important that professionals document the injuries they have sustained in a slip and fall. Documentation should include details about the extent of the injuries and their impact on the blind person’s ability to perform daily tasks or on their quality of living. The medical records should show if an accident worsened any pre-existing conditions.
- Expert testimony: In some cases, an expert may be called to testify on behalf of the property owner that they failed to provide reasonable accommodations to a blind individual. These experts can also establish that an accident might have been avoided if the property had been properly maintained and cared for.
Blind people may be entitled compensation
Blind people who win their slip and fall lawsuit can be entitled to various types of compensation. Compensation is typically divided into two categories.
- The economic damages are the financial losses that the injured party has suffered as a direct result of the accident. Economic damages include immediate and long-term medical expenses, rehabilitation costs, wage loss due to time off work, and future income losses if the injuries cause long-term disability.
- These damages are a reflection of the emotional and psychological impact an accident has on a person. These damages include emotional distress and pain, as well as loss of enjoyment in life.
Blind people can sue for negligence-caused accidents just like everyone else. Although there are considerations regarding reasonable accommodations and responsibility sharing, the principles of negligence remain. Property owners can be held liable for injuries when they fail to make their property accessible or safe.
Legal counsel can assist blind people in determining if their case is one that’s worth pursuing, and help them navigate the legal system. Blind people who have the right evidence and representation may be able to seek justice for their injuries or damages after a slip and fall accident.
This article was written by Jeanette Secor, PA Attorney at Law.
Jeanette Secor is a St. Petersburg attorney who has practiced for more than 20 years. She is the choice of those who are seeking justice following an injury. Jeanette Secor is a well-known attorney. Personal injury lawyer She is a resident of St. Petersburg, FL. She has represented clients in car and motorcycle accidents.
