Slip and Fall

A "slip and fall" or "trip and fall" is the term for an injury which occurs when you slip, trip or fall due to a dangerous or hazardous condition on someone else's property. Falls can be caused by water, ice, snow, abrupt changes in flooring, poor lighting, or hidden hazards such as a gap or hard to see hole in the ground.

Thousands of people are injured each year when they slip and fall. However, the property owner cannot always be held responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all must watch where we're going.

Each slip and fall case must be decided individually and depends on whether the property owner acted carefully (so that slipping or tripping was not likely to happen) and whether or not you were careless in not seeing or avoiding the thing you fell on.

Determining Liability

To be legally responsible for an injury you suffered from slipping or tripping and falling on someone else's property, the owner of the premises or the owner's employee:

• must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item
  
  
• must have known of the dangerous surface but did nothing about it, or



• should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.

The last situation is the most common, but is also the most difficult to try, as the law must determine whether the owner or occupier of property was careful enough, by examining the steps the owner or occupier took to keep the property safe.

For example: if a spill occurred just before an accident, then the property owner may not be liable for injury. However, if the spill was present for some period of time before the incident, then the owner may be liable, as he would have had a reasonable amount of time to clean up the spill.

Care of Property

The law must determine if the owner makes regular and thorough efforts to keep the property safe and clean. Had the dangerous spot been there long enough so that the owner should have known about it? Does the property owner have a maintenance schedule for examining and cleaning or repairing the premises? Does the owner have proof of this regular maintenance? If you tripped over an object someone left on ground, was there a legitimate reason for the object to be there? Could the object have been removed or covered or otherwise made safe? Did poor or broken lighting contribute to the accident?

If the answers to one or more of these questions is yes, you may have a good claim for compensation. However, you must still think about whether your own carelessness contributed in any significant way to your accident.

Your Own Carelessness

Your lawyer and your insurance adjuster will need to ask you questions about the possibility of your own carelessness such as: Did you have a legitimate reason for being where the dangerous object was? Would a careful person have noticed the dangerous spot and avoided it? Were there any warnings that the spot might be dangerous? Were you doing anything that distracted you from paying attention to where you were going?

What Should You Do?

After a slip and fall, inspect the area where you fell. What caused you to fall? Did anyone see you fall? Write down the names, addresses and phone numbers of anyone who saw you fall, and other people in the vicinity. Even if they did not see you fall, they could describe your pain and the conditions of the floor, lighting, etc. immediately after you fell.

Speak with the store manager or supervisor, if applicable, and have them make a record of the incident. Make a note of anyone making a comment suggesting that this has occurred before, or that they were aware of the condition before your fall. Write down their name and what exactly they said, and who else heard them make the statement. Have someone take photographs of the area as soon as possible.

Be careful about signing anything - and get a copy of anything you do sign. Don't say things like: "I'm so sorry - it was probably my own fault", as this may hurt any claim you may have. Insurance adjusters may try to get you to take responsibility for the fall or ask you to sign a release. Speak to a lawyer before talking to any claims adjusters.

If you have had a slip and fall, you should see your physician as soon as possible, as your injuries may be more severe than you think.

Slip and Fall Injuries in the News

MAR-12-07: Jury finds for plaintiff who slipped and fell on uneven tiles in Mexican restaurant, causing severe and permanent internal and external injuries. [MADISON COUNTY RECORD: SLIP AND FALL]

Slip and Fall Legal Help

If you or a loved one has suffered injury from a slip and fall, you may qualify for damages or remedies that may be awarded in a possible tenant or landowner lawsuit. Please click the link below to submit your complaint to a lawyer who will review your claim at no charge or obligation.