Concussion After Slipping On An Icy Sidewalk? How To Prove Liability

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Slips and falls can be very painful situations and may trigger head injuries, such as a concussion, that can be quite hard to manage. If an icy sidewalk in front of a business triggered this fall, a lawsuit may be necessary.

Concussions are Possible in Slip and Fall Cases

Icy sidewalks are not an uncommon sight during the winter but remain a very dangerous problem that could cause many potential issues for many people. For example, a person walking into a business may slip on an icy patch, land hard, and even hit their head. The force of these falls is often more than enough to cause a concussion, which can have many long-lasting effects on a person's health.

Even if this individual experiences no other injuries in their fall, the concussion is more than enough to set up a potential lawsuit. If they want to win, they need to not only prove that their concussion was caused by the slip and fall but also that the business with the sidewalk caused the fall. The former point is easy to prove with a doctor's examination but the second can be a bit trickier.

Liability Can Be Tricky

When a person slips and falls and gets a concussion after hitting their head, they must prove that liability lays on the business where they fell. In some cases, this type of case can seem quite hard because it may seem like it is just that person's word against the business. That isn't always the case. The business is assumed to have a duty to protect its customers, and if they failed, a lawsuit may be successful.

For example, if a business had a slippery and icy sidewalk that they did nothing to fix, then they failed in their duty to protect their customers. However, the injured party has to prove that the business not only knew about the ice but failed to take action. The interesting thing here is that ice on a sidewalk is considered an obvious potential danger that the business should have noticed and rectified.

However, there are many ways that they may try to defend these claims, such as stating that they had removed ice the previous day but a storm caused the ice before they had a chance to remove it. These defenses often don't hold a lot of water, particularly if the injured party was hurt heavily, such as if they got a concussion that caused severe pain and suffering.

Contact a slip-and-fall attorney for more information.

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