The flooring beneath our feet isn’t something we think about on a daily basis. But hazardous floors are the leading cause of emergency room visits every year, according to the National Floor Safety Institute. Tile flooring made from materials like stone, concrete, glass, and cork are especially dangerous, as they can easily break or crack. They can also come right off the floor if the grout is worn, or they were improperly installed to begin with.
Uneven, cracked, or missing tiles can easily result in fall-related accidents, primarily, trip and falls and slip and falls. There are so many possibilities for how someone can be hurt in one of these accidents. For example:
- The front of someone’s shoe getting caught in a wide crack.
- A person slipping on a tile that’s coming off the floor.
- Impact-related injuries from stepping in a space that’s missing a tile.
- Tripping over the edge of an uneven / raised tile.
- Skin injuries due to chipped / broken tile pieces.
- Hitting your head or other parts of your body on the ground from slipping / tripping on a defective tile.
If you or a loved one was injured by a broken, cracked, or missing tile on the floor, contact our office and speak to an accident injury attorney right away. You may be entitled to monetary compensation if your accident was caused by an act of negligence. We can also assist you with cases involving other types of loose and uneven flooring such as linoleum, hardwood, and carpeting. Our attorneys will take immediate action on your claim and bring you the damages you deserve for your harm and suffering.
Common Injuries from a Broken or Missing Tile Accident
It’s fair to say that missing or broken tile accidents can cause life-altering injuries. In fact, around 8 million people visit the ER on a yearly basis due to a fall-related accident. To get an idea of why these accidents are so serious, take a look at just some of the injuries you can sustain from a broken, cracked, or missing tile:
- Broken bones in the hands and feet
- Rib fracture
- Dislocated shoulder / shoulder fracture
- Knee injury (ACL / MCL tear, dislocated kneecap)
- Dental injuries
- Ankle / wrist sprain
- Back and spinal cord injury
- Neck injury (whiplash)
- Hip fracture
- Broken tailbone
- Concussion
- Traumatic brain damage
- Paralysis
- Death
Again, this is not a complete list of all the possible injuries from one of these accidents. Your injuries don’t have to physical by the way. The ordeal and aftermath of a fall-related accident can be incredibly traumatic, and many victims need help to deal with conditions like depression and PTSD. Compensation is available for emotional injuries, but non-economic damages can be very challenging to recover. To ensure the best possible outcome in a lawsuit for damages, contact our law firm and speak to a premises liability lawyer.
Locations where Broken or Missing Tile Accidents can Occur
As a general rule, the location of your accident will determine who is responsible for your injuries. Here is a list of common locations where people can suffer a broken or missing tile injury:
- Office buildings
- Grocery stores
- Restaurants
- Shopping Centers
- Apartment buildings
- Big box stores
- Private homes
- Swimming pools
- Public bathrooms
- Hotels / Motels / Resorts
- Government buildings
- Schools
- Hospitals / doctor’s offices
- Airports
The exact process for an injury claim depends on the entity you are suing. Claims against government agencies, for example, must be filed within 6 months of the accident date. If your claim is denied or the agency fails to respond to you within 45 days, you have two years from the accident date to file a lawsuit. Or, if you were injured on the job, you would need to file a claim for workers’ compensation, though a lawsuit may be possible depending on the circumstances of your accident.
Our lawyers will be happy to review your case and help you decide on the best legal strategy for settling your broken – cracked – missing tile injury claim.
Our Recent Verdicts and Settlements
$500,000
$599,000
$1.5 Million
$600,000
$525,000
$250,000
Liability in a Damaged / Missing Tiles Accident
Liability refers to the concept of being responsible for someone else’s harm and suffering. In the case of a damaged or missing tile accident, the liable entity is usually the property owner, as they are responsible for the upkeep of their premises. Responsible parties may include:
- A private homeowner
- A business owner
- Restaurant franchise
- Hotel chain
- The city or county (government buildings)
- Corporate holding company
However, there may be other parties that you can go after in a lawsuit for monetary damages. A contractor, for example, may be blamed for uneven installation that caused the tiles to break off. In the case of an apartment building, you may need to sue the management or leasing company if they are responsible for maintaining the tiles.
A lawyer with experience in these cases can help you determine all the responsible parties in your accident. If you’re ready to discuss your case and take action in claim for compensation, please give us a call at our office.
Monetary Compensation from a Floor Tile Injury Lawsuit
If you have grounds for a personal injury lawsuit, there are various damages you can recover from a defective or missing tile injury claim. Compensable losses include:
- Medical expenses
- Cost of future medical treatments
- Lost wages (including future lost wages if you’re unable to work)
- Pain and suffering
- Emotional distress
- Property damage
- Attorney’s fees
- Punitive damages
Unfortunately, fatality is not uncommon with fall-related accidents, especially among the elderly. As a family member or loved one of an accident victim, you may be entitled to wrongful death compensation in the form of:
- Funeral expenses
- Medical bills up until the date of death
- Pain and suffering
- Loss of expected wages / income
- Value of lost benefits, like healthcare and pension funds
- Loss of consortium
- Legal fees
It’s essential to determine a fair amount of funds for each of these damages, which will help you recover finically and emotionally from your accident. We understand this is a sensitive subject for those who have lost a family member or loved one. While money can never take the place of someone you love, wrongful death claims can provide a sense of justice, while helping you avoid financial instability. Our attorneys are waiting to speak with you, so please contact our office at your earliest convenience.
Average Value of a Broken / Cracked / Missing Tile Injury Case
The average value of a broken or missing tile injury case is around $100,000 to $1.5 million. Why is there such a big variation in values? It’s because each victim has their own set of injuries, which result in various losses that are based on their personal circumstances. For example, let’s say a broken tile injury victim has moderate injuries that require surgery and several months of physical therapy. They’ve missed some time from work, but they are able to perform their job duties following the recovery period. Considering all their losses, both sides agree to settle the case for $80,000.
On the other hand, you may have a victim who sustained a long-term disability due to the extent of their injuries. As a result, they are forced to give up their job and many of the activities they enjoyed prior to the accident. They also require on-going medical care, including medications and additional surgeries. The damages in this type of case are much more significant, and it’s likely that the client will receive over $1 million in damages.
It’s important to understand that these numbers are based on the average of uneven and loose flooring injury cases throughout the country. Your accident may be worth more or less than the national average, so you should never determine a case value without speaking to a personal injury attorney. If you have specific questions about your own broken or missing tile accident case, schedule a free consultation with one of our attorneys.
Statute of Limitations for a Tile Injury Lawsuit
In California, you have two years from the date of a tile-related accident to file a civil lawsuit. If you are filing for wrongful death, you have two years from the date of your loved one’s death to file a claim. The courts are strict about these deadlines, so if your lawsuit is not filed within the statute of limitations, you will lose the right to recover monetary damages.
Exceptions can be made, but only in very limited circumstances. For example, if you were a child at the time of the accident, you have 2 years from the time you turn 18 to bring a lawsuit. An extension may also be granted by the court if the victim lacks the mental competence to pursue a legal action. But these cases are rare, so it’s essential to speak to a lawyer right away.
Schedule a Free Case Evaluation
Maintenance and repairs on a property are essential to preventing accidents with devastating consequences. This includes inspecting and repairing any tiles that are broken or cracked, replacing missing tiles, or re-grouting tiles that are loose. When private property owners, businesses, and public entities are negligent in these duties, they are liable if someone is injured in a broken, cracked, or missing tile accident.
Premises liability cases can be very complicated depending on the entity you are suing. The lawyers of Normandie have extensive experience in personal injury and wrongful death claims for all types of properties. We know what it takes to settle these claims as fast as possible, while making sure that you and your family are fairly compensated. Best of all, you will not pay a single penny upfront, as all our expenses are deferred until we win your case. We get paid at the same time you do, and if we don’t win your case, you owe us absolutely nothing as a promise under our Zero fee guarantee.
If you’re ready to find out about your rights and legal options, contact Normandie Law Firm and schedule a free case evaluation.