A slip and fall accident can be devastating at any time, but it’s especially concerning when you’re pregnant. Pregnancy brings additional risks and complications that make falls more dangerous for both the mother and the unborn child. If you’ve been injured in a fall, it’s important to understand your legal rights and how to take action.
This guide walks you through the steps to take after a fall accident, your rights as an expectant mother, and how a skilled attorney can help you navigate the legal process to receive fair compensation.
Legal Rights for Pregnant Women After a Slip and Fall Incident
Pregnant people have rights and property owners have a duty to maintain safe premises. This means that whether the fall happened at a store, someone’s home, or any other location, if the accident was due to the property owner’s negligence, you may have grounds for a claim.
- Premises Liability: Property owners are responsible for maintaining safe conditions on their premises. If a dangerous condition—such as a wet floor or an obstacle—caused the fall, they may be held liable for the resulting injuries. This liability applies to both public and private spaces.
- Workers’ Compensation: If your fall occurs at work, workers’ compensation laws may cover your injuries, even if the employer wasn’t directly at fault. This could include medical costs and lost wages.
- Personal Injury Laws: If the accident happened outside of work, you may file a personal injury claim. This requires proving that the property owner was negligent in maintaining the premises, which caused the fall and your injuries.
Pregnant women are also protected under additional laws, including The Americans with Disabilities Act (ADA), which requires businesses to make reasonable accommodations for those with mobility challenges, including pregnant women.
The Risks of Slip and Fall Accidents During Pregnancy
Pregnancy can increase the likelihood of a fall, due to changes in balance, center of gravity, and joint flexibility. These physical changes make it harder to maintain stability, especially in slippery or unsafe environments. The risks following a fall are higher for pregnant women, as the consequences can affect both the mother and the baby.
- Physical Injuries: A fall can cause severe physical harm to the mother, such as abdominal injuries, broken bones, or head trauma. These injuries may require immediate medical intervention.
- Complications for the Baby: For the unborn child, falls can lead to complications like placental abruption (where the placenta detaches from the uterus), preterm labor, or even miscarriage, depending on the severity of the accident.
- Emotional Stress: The psychological toll of a fall during pregnancy can also be significant, leading to anxiety, stress, and trauma, especially if there are concerns about the baby’s health.
Untangling Liability: Who’s at Fault in Pregnancy Slip and Fall Cases?
When determining who is responsible for a slip and fall injury, the property owner’s duty of care is essential. This duty requires property owners to keep their premises free of hazards or provide warnings about dangers.
- Duty of Care: Property owners must ensure that their spaces are safe for visitors. In most cases, this means fixing hazards or providing appropriate warnings, such as “wet floor” signs.
- Negligence: If a property owner fails in this duty and their negligence leads to an accident, they may be held responsible for the injuries caused.
However, in some cases, comparative negligence may apply. This means if you are partially responsible for the accident—say, you were texting or not paying attention to the surroundings—the amount of compensation you receive may be reduced.
Examples of Negligence Leading to Liability
- Not fixing uneven flooring, torn carpeting, or broken stairs.
- Lack of clear signage for known hazards, such as wet floors.
- Poorly maintained lighting leading to reduced visibility.
- Failing to remove snow or ice from entryways or walkways.
What to Do After a Slip and Fall
1. Seek Medical Attention Immediately
Your priority is your well-being and your baby’s health. Even if you don’t feel immediate pain, visit an emergency room for a medical evaluation to rule out hidden injuries like internal bleeding or complications such as amniotic fluid leakage. Watch for symptoms like:
- Abdominal pain
- Contractions signaling preterm labor
- Reduced fetal movement
2. Gather Evidence
If possible, document the scene of the accident. Take photos of the slippery floors, trip hazards, or other dangerous conditions. Collect contact information from any witnesses who can provide detailed records of what they saw. These details will help your attorney determine liability.
3. Consult an Experienced Personal Injury Attorney
A fall lawyer can evaluate your case, explain your legal options, and fight to ensure you receive fair compensation for your losses.
Damages You Can Claim After a Fall Accident
An experienced attorney will help you navigate the legal process to ensure you receive a fair settlement-however, it doesn’t hurt to know what you’re owed when you’ve suffered at the hands of someone else’s negligence.
Medical Expenses and Rehabilitation Costs
Treatment for injuries sustained in a fall accident can include:
- Emergency care for life-threatening conditions
- Ongoing medical care for serious injuries
- Therapy for rehabilitation costs
If the accident results in complications like placental abruption or early labor, these expenses can add up. Compensation can help cover medical expenses and ensure you receive proper care.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost income.
Emotional Distress
The emotional impact of the fall, including stress about the health of your baby and the trauma of the accident, may also be compensated.
Real-Life Case Example
Daniels v. Target Corporation
In the 2018 case of Daniels v. Target Corporation, a pregnant woman, Tiffany Daniels, slipped and fell on a wet floor in a Target store in California. The floor had been recently mopped, but there were no warning signs to alert customers of this hazard.
Ms. Daniels was in her third trimester and sustained abdominal injuries and severe emotional distress from the fall. Although her injuries were not life-threatening, she required medical monitoring to ensure the safety of her unborn baby.
After the incident, Ms. Daniels filed a lawsuit against Target, alleging negligence for failing to properly warn customers about the hazardous condition. During the trial, it was revealed that Target employees had violated store policy by neglecting to place caution signs in the area.
The court awarded Ms. Daniels $250,000 in damages, including:
- Medical expenses for emergency care and follow-up visits
- Compensation for psychological harm
- Lost wages due to time missed from work
FAQs
1. Can I sue if my slip and fall was partly my fault?
Yes, depending on your state’s laws, you may still recover compensation even if you share some responsibility. A lawyer can help you navigate fall cases involving shared fault.
2. What risks does a slip and fall pose to my unborn baby?
Risks include placental abruption, internal bleeding, and in severe cases, fetal death. Seeking emergency care is essential to protect your developing baby.
3. How long do I have to file a claim?
Most states have a statute of limitations for personal injury claims, consult an experienced personal injury attorney to understand your timeline.
Conclusion: Take Action Today
A slip and fall during pregnancy can have far-reaching consequences for both the mother and her unborn child.
No one should face the aftermath of a slip and fall accident during pregnancy alone. A free consultation today with an experienced personal injury attorney at our firm can clarify your legal options and help ensure you receive the support and fair compensation you deserve.
At Bourassa Law Group, we’re here to help. Schedule a consultation today to explore your legal options and take the first step toward justice.
1-800-870-8910