What To Do If You Slip and Fall

"Slip and fall" is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else's property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause a person to lose their balance and injure themselves. Outside a building, you may slip and fall because of environmental conditions such rain, ice, snow or a hidden hazard, such as a gap or partially obstructed pothole. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility to make sure an environment is safe to their guests.

Slip and fall cases are governed under negligence law. In order to win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the dangerous situation and should have had it removed or repaired. Proving that the defendant either created the hazard or had prior knowledge of it can be difficult

Slip and fall accidents are the most common type of "premises liability" cases, which call into question the property owner's duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.

Example: If you slip and fall on a banana in a grocery store, without knowing the situation which caused the banana to fall on the floor, it may be difficult to prove that the store "knew or should have known" about the dangerous condition. If the banana fell onto the floor hours before you arrived, most likely the store should have known about it and cleaned up the area. Since Plaintiffs have the burden of proof, demonstrating when the hazard first appeared and that the store should have known about the hazard presents problems in certain cases.


Structural Defects

Structural damages to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles, or torn carpeting can create dangerous situations for visitors to a building. As noted earlier, to prove negligence, your attorney will have to prove that the property owner knew or should have known about the problem and failed to repair it.

On certain occasions, negligence can be proven by violation of a statute. The owner of a building must ensure that its structure is in compliance with local municipal building codes. For example, handrails and other similar structures typically must be installed at a certain height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes.


Weather-Related Accidents

Weather-related slip and fall accidents are difficult cases for injured plaintiffs. While landowners cannot control every environmental aspect of their business or building, they are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.

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Comparative Negligence

In slip and fall cases, as with all other negligence claims, comparative negligence may apply to your particular situation. As a guest on someone else's property, you are expected to exercise reasonable judgment and caution.

Example: You fall down a flight of stairs at a hotel, sustaining serious injuries. A jury finds that the property owner had been warned about the hazardous condition weeks ago and failed to correct it. However, the jury also finds that you were texting on your cell phone while you walked down the stairs and your inattention contributed to causing the accident. If the jury finds you 60 percent at fault and the defendant 40 percent at fault, the defendant would have to pay you only 40 percent of the total damages you incurred.