Slip and fall accidents are an unfortunate reality for many people in Hawaii. Whether you’ve tripped on an uneven sidewalk, slipped on a wet floor in a shopping center, or stumbled over debris in a parking lot, the aftermath of such accidents can be both painful and confusing.
Understanding the common slip and fall injuries, your legal rights, and what steps you should take after an accident is crucial to ensuring you receive the compensation and support you deserve.
What Injuries Can You Get from a Fall?
Slip and fall accidents can lead to a wide range of injuries, some of which can have long-term effects on your health and well-being. According to data from Hawaii’s Department of Health, falls among our kupuna (seniors) alone result in over 2,700 hospitalizations each year. Here are some common slip and fall injuries:
Sprains and Strains
One of the most common injuries from a slip and fall accident is a sprain or strain, particularly in the ankles, knees or wrists. These injuries occur when ligaments are stretched or torn due to a sudden twist or impact, a frequent result of slipping on a wet floor or tripping over an obstacle.
Fractures
Falls are a leading cause of fractures, especially in the elderly. Broken bones can occur in various parts of the body, including the wrists, arms, hips, and legs. A hip fracture, in particular, can be life-altering and may require surgery and extensive rehabilitation. Fractures often occur when a person falls on a hard surface, such as concrete or tile.
Head Injuries
Head injuries, including concussions and traumatic brain injuries (TBIs), are among the most severe slip and fall injuries. Even a minor fall can lead to a concussion, while a severe fall can result in long-term cognitive issues or even permanent brain damage. These injuries are particularly dangerous if the fall occurs on a hard surface. Falls are the leading cause of TBI.
Back and Spinal Cord Injuries
Slipping and falling can cause significant trauma to the back and spine. Injuries can range from herniated discs to spinal cord injuries that may lead to partial or complete paralysis. Back injuries often result from falling on uneven surfaces or stairs.
Cuts and Abrasions
While cuts and scrapes might seem minor, they can lead to infections if not properly treated. In some cases, deep lacerations may require stitches or other medical interventions. Cuts often occur when falling on rough or sharp surfaces.
Soft Tissue Injuries
These injuries affect muscles, tendons, and ligaments and are often not immediately apparent. Soft tissue injuries can cause pain, swelling, and a loss of mobility that might take weeks or even months to heal. They can occur when someone falls awkwardly or tries to break their fall.
Most Common Slip and Fall Injuries in Hawaii
In Hawaii, certain environments contribute to the prevalence of slip and fall accidents. For instance, the island’s beaches and tropical rains can lead to slippery surfaces, and outdoor activities often take place on uneven terrain.
Understanding common slip and fall injuries can help you recognize the severity of your situation and take appropriate action.
Hip Fractures
Especially common among older adults, hip fractures can occur when someone falls sideways onto a hard surface. These injuries often require surgical intervention and long-term rehabilitation. In 2019, 83% of hip fracture deaths and 88% of emergency department visits and hospitalizations for hip fractures were caused by falls. This type of injury can happen after slipping on a wet floor or falling on a hard surface.
Shoulder Injuries
Falling on an outstretched arm can lead to shoulder dislocations, fractures, or rotator cuff injuries. These injuries can be particularly painful and may severely limit your range of motion. Slips on stairways or pathways can easily cause shoulder injuries.
Wrist and Arm Fractures
Trying to break a fall with your hands can also result in fractures to the wrist, forearm, or elbow. These injuries often require casting or surgery, followed by physical therapy.
Your Legal Rights After a Slip and Fall Injury in Hawaii
If you’ve suffered a slip and fall injury in Hawaii, it’s essential to understand your legal rights. Property owners in Hawaii have a legal duty to maintain safe premises. If a property owner fails to do so and you sustain injuries as a result, you may be entitled to compensation.
Under Hawaii Revised Statutes (HRS) § 663-31, Hawaii follows a comparative negligence rule. Under this scheme, even if you were partially at fault for the accident, you could still recover damages. However, they may be reduced by your percentage of fault, unless your share of the fault was greater.
For instance, if you are 20% at fault for your slip and fall, your compensation would be reduced by 20%., but if you were 60% at fault you may not be entitled to any compensation.
Seeking Legal Assistance
Determining liability in a slip and fall case can be complex. Factors such as the property’s condition, obviousness of the hazard, whether the owner was aware of the hazard, and whether the owner took reasonable steps to prevent the accident all play a role in the outcome of your case.
Given the complexities of slip and fall injury claims, it’s crucial to consult with experienced legal professionals who can guide you through the process. The attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks understand the unique environmental factors contributing to these accidents on the islands and can help you navigate the legal system to pursue the compensation you deserve.
Common Slip and Fall Injuries Should Still Be Taken Seriously
Slip and fall accidents can result in a wide range of injuries, from minor cuts and bruises to severe fractures and head trauma. Understanding the common slip and fall injuries, knowing your legal rights, and taking prompt action can significantly impact your recovery and the outcome of any potential legal claims.
If you or a loved one has suffered a slip and fall resulting in serious injury in Hawaii, don’t hesitate to reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks. Our team is here to help you navigate this challenging time and ensure you receive the justice and compensation you deserve.
For more information or to schedule a consultation, please contact us today.