Can You Sue for Elbow Injuries from A Slip and Fall in Pennsylvania?

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An elbow injury resulting from a slip and fall is common and, unfortunately, can be debilitating.

When a person slips and falls, they naturally attempt to catch themselves using their hands. However, when we land on our hands, we put extreme pressure on them, along with excessive pressure on the wrists, shoulders, and elbows, making it more likely that we will injure these body parts when we slip and fall.

Elbow injuries are especially significant, often requiring lengthy recovery periods and causing serious limitations, depriving victims of the ability to work and enjoy life.  

Anyone who suffers an elbow injury may be facing a painful, lengthy, and expensive recovery. Accident victims may be eligible for compensation regardless of whether their elbow injury was sustained due to a slip and fall at work, a slip and fall on public property, or even on private property.

Read on as we discuss some of the most common elbow injuries that can result from a slip and fall accident and what can be done to protect your rights.

Common Elbow Injuries from Slip and Fall Accidents

Some of the most common elbow injuries will occur after a sudden or traumatic event, such as an unexpected slip and fall. Whether it’s a slip and fall from snow and ice or on a slick surface in a public space or the workplace, if the accident involves a blow to the victim’s elbow or hand, or if the arm twists, jerks, or bends abnormally, an elbow injury may occur.

Our elbows, like other parts of our body, are important. However, our elbows are also quite fragile. The pain of an elbow injury is usually severe and sudden, and the road to recovery can be difficult.

Here are some of the most common elbow injuries caused by slip and fall accidents:

  • Dislocated elbow: This injury occurs when there is elbow joint damage or a bone in the elbow is knocked out of place. A dislocation frequently occurs after falling forward, resulting from the victim attempting to catch themselves using their hands. However, it may also occur following a sudden jerk, twist, or abnormal bend.
  • Elbow fracture: A fracture is a crack or a break in the bone. An elbow fracture commonly results from a sudden traumatic blow, like the elbow hitting a hard surface, such as the pavement or a concrete floor. Even after a fracture, an accident victim may still be able to move their elbow, which can exacerbate the issue. Therefore, no matter how minor, a medical exam following a slip and fall is highly recommended.
  • Elbow hyperextension: Caused by the force of your body weight against an outstretched arm, elbow hyperextension stretches ligaments beyond their normal range, potentially leading to tears, swelling, and bruising. The pain can be sharp and immediate, often accompanied by a popping sensation.
  • Sprained elbow: The sudden impact of a slip and fall can twist your elbow beyond its comfortable range, stretching and potentially tearing the crucial medial collateral ligament (MCL) that stabilizes the joint, resulting in a sprained elbow.
  • Ulnar nerve compression: The force of a slip and fall can put pressure on the crucial ulnar nerve, leading to tingling, numbness, and weakness in your ring and pinky fingers. Gripping, writing, and simple tasks become frustratingly difficult as a result. Early medical attention is vital to assess the severity of the compression and prevent lasting nerve damage.

Legal Options Following a Slip and Fall Elbow Injury

If you or someone you love suffered an elbow injury as the result of a slip and fall, you may be wondering if you can sue. As with most legal matters, the answer is not simply yes or no. It depends on various factors specific to your situation, including:

  1. Where the fall occurred: Was it on private property, public property, or a workplace?
  2. The cause of the fall: Was it due to a hazard on the property, defective equipment, someone else’s actions, or your own negligence?
  3. The severity of the injury: Is it a minor sprain, a fracture, or a more serious injury with lasting damage?
  4. The impact on your life: Did it require medical treatment, cause lost wages, or lead to long-term limitations?

Premises Liability and Proving Negligence

In Pennsylvania, property owners have a legal duty to ensure the safety of their premises for visitors. This means they must keep the property reasonably safe and warn visitors of any known dangers.

If you fell on someone else’s property and injured your elbow, and if you can prove the owner was negligent in their duty to keep the property safe, you may have grounds for a personal injury lawsuit.

Negligence in Different Settings

The specific rules regarding premises liability and proving negligence can vary depending on the type of property where the fall occurred:

  • Public Property: Government entities can be held liable for injuries on public property under certain conditions, often requiring showing specific knowledge of the hazard and their failure to act.
  • Businesses: Businesses have a higher duty of care to customers than social guests or trespassers.
  • Workplaces: If your fall occurred at work, your employer’s workers comp insurance may cover your medical expenses and lost wages, regardless of fault.

Severity and Impact of the Elbow Injury

While any injury deserves attention, the severity of your elbow injury plays a role in the strength of your legal case. Minor sprains may not justify the costs and complexities of a lawsuit, while a serious fracture with lasting nerve damage, reduced mobility, or chronic pain significantly strengthens your claim.

Beyond the medical aspect, the lawsuit’s potential value also considers the impact of the injury on your life. Lost wages, inability to work, limitations in performing daily activities, and emotional distress can all factor into the compensation you may seek.

Consulting a Personal Injury Attorney

Whether you can sue for elbow injuries from a slip and fall in Pennsylvania depends on the specific circumstances of your case. Understanding the principles of premises liability, proving negligence, and the various factors that influence your claim’s strength is crucial, and navigating the legal complexities of a personal injury lawsuit is challenging.

That’s why it is important to consult a skilled slip and fall lawyer who can work with you to hold those responsible for your accident accountable.

The slip and fall experts at Thistle Law can do just that. We have recovered millions of dollars for our clients who suffered internal bleeding and other complications related to slip and fall accidents.

Call the attorneys at Thistle Law today by dialing 215-568-6800 or filling out our contact form here.