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What is a "slip and
fall" case?
"Slip and fall" is a term used for a personal
injury case in which a person slips or trips and falls,
and is injured on someone else's property. These cases
usually fall under the broader category of cases known
as "premises liability" claims, because
slip and fall accidents usually occur on property
(or "premises") owned or maintained by someone
else, and the owner or possessor of the property may
be held legally responsible.
Dangerous conditions such as torn carpeting, changes
in flooring, poor lighting, narrow stairs, or a wet
floor can cause someone to slip and hurt him or herself
inside a building. Other instances of slip and fall
incidents can occur when people trip on broken or
cracked public sidewalks, or trip and fall on stairs
or escalators. In addition, a slip and fall case might
arise when someone slips or trips and falls because
of rain, ice, snow or a hidden hazard, such as a pothole
in the ground. Top
Who is liable for my injuries
as a result of a "slip and fall?"
There is no precise way to determine when someone
else is legally responsible for your injuries if you
slip or trip. Each case turns on whether the property
owner acted carefully so that slipping or tripping
was not likely to happen, and whether you were careless
in not seeing or avoiding the condition that caused
your fall. Here are some general rules to help you
decide whether someone else was at fault for your
slip or trip and fall injury.
In most cases, a person injured in a slip and fall
on someone else's property must prove that the cause
of the accident was a "dangerous condition",
and that the owner or possessor of the property knew
of the dangerous condition. A dangerous condition
must present an unreasonable risk to a person on the
property, and it must have been a condition that the
injured party should not have anticipated under the
circumstances. This latter requirement implies that
people must be aware of, and avoid, obvious dangers.
In order to establish that a property owner or possessor
knew of a dangerous condition, it must be shown that:
- The owner/possessor created the condition;
- The owner/possessor knew the condition existed
and negligently failed to correct it; or
- The condition existed for such a length of time
that the owner/possessor should have discovered
and corrected it prior to the slip and fall incident
in question.
For a property owner or possessor to be held liable,
it must have been foreseeable that his negligence
would create the danger at issue. For instance, if
a can of paint falls to the ground and spills into
an aisle in a hardware store and, one day later, the
store has not noticed or cleaned up the spill, and
someone slips in the paint and is injured, one might
argue it was foreseeable that the store's negligence
in failing to inspect its aisles and clean up spills
would result in someone slipping and injuring himself
on a spilled item.
Occasionally, a plaintiff can prove negligence by
showing that the property owner violated a relevant
statute. For example, building codes often dictate
when and where handrails and other similar features
must be installed. If you fall on a stairway that
lacked appropriate handrails, and the lack of the
handrail caused your injuries, you may have a valid
claim against the building owner based on his or her
building code violation. Top
How do I recover compensation
for a "slip and fall?"
In order to recover for a slip and fall injury sustained
on another's property, there must be a responsible
party whose negligence caused the injury. This sounds
obvious, but many people do not realize that some
injuries are simply accidents caused, if anything,
by their own carelessness. For instance, if someone
falls simply because he/she was not looking where
they were walking, they cannot recover against the
property owner if the owner was in no way at fault,
no matter how serious the injury. If an injured person
is only partially at fault for his/her own injury,
he/she might still be able to recover from another,
but the dollar amount of the recovery might be reduced.
Top
If someone falls on a broken
piece of a city sidewalk and is injured, can they
sue the city?
In many states, statutes giving local governmental
entities immunity prohibit recovery in many kinds
of cases against cities or towns. If there is not
such a statute or ordinance in place, however, someone
may have a case against the city. Municipalities have
a duty to keep streets and sidewalks in repair. An
injured party might have a successful case against
the city if he or she can show that it failed to maintain
the sidewalk properly. There are very important deadlines
and requirements for giving municipalities notice
of such claims, however, about which the attorneys
of Keller and Keller can advise you. Top
What if someone
gets injured while at the home of a neighbor, who
invited him or her there for a party?
Social guests are sometimes able to recover from their
hosts, depending on how their injuries happened. Homeowners
must tell their guests about, or correct, any dangerous
conditions that guests are unlikely to recognize.
For example, if an injury was caused when a guest
tripped on a throw rug, he or she may be able to recover
if he/she could prove that the host knew other people
had tripped over it and the guest was unlikely to
realize its danger. The host probably should have
warned guests about it, removed it during the party,
or secured it to the floor with tape or tacks. Top
Can someone
receive compensation from a store where he or she
was injured in a slip and fall accident?
The specific facts of each case will determine whether
an injured party can recover damages from a store
for a slip and fall accident. Stores have a duty to
keep their floors reasonably safe for customers, and
employees should routinely inspect areas the public
might access, to discover any potentially dangerous
conditions. If a slippery substance on the floor causes
a fall, and a plaintiff can show that the substance
had been there for a relatively long period of time,
or that the store otherwise had notice of it, he or
she may be able to recover damages. Top
When will the law
say a property owner "should have known"
about a dangerous condition on his or her property?
In most cases, the law will say a property owner "should
have known" about a dangerous condition when
it existed for such an amount of time that a reasonably
careful person, under similar circumstances, would
have discovered it. Top
Is the fact
that someone warned an employee of a store about a
spill important in proving a slip and fall case resulting
from an accident caused by the spill?
Yes, the fact that an employee of the property owner
(or possessor) was given notice of the dangerous condition
is very helpful in establishing that the owner knew
of the dangerous condition, and was negligent in failing
to remedy it. Top
Can a building
owner's violation of a building code ever be used
to help a plaintiff win a slip and fall case?
Yes, occasionally a plaintiff can prove negligence
by showing that a property owner violated a relevant
statute or code. A building owner must ensure that
his or her building's structure is in compliance with
applicable building codes. For example, building codes
often dictate when and where handrails and other similar
features must be installed. If you fall on a stairway
that lacked appropriate handrails, and the lack of
the handrail caused your injuries, you may have a
valid claim against the building owner based on his
or her building code violation. Top
What information is an insurance
adjuster looking for?
The insurance adjuster will attempt to establish if
there is an injury and what your responsibility was
in the fall, and may attempt to resolve (settle) the
case immediately. The adjustor may ask you a series
of questions such as:
- The extent or type of injury
- What were you doing just before the accident
- Warnings that may have been ignored
- Whether you had a reason for being in the area
It is generally not in your best interest to speak
with the adjuster without having reviewed the specifics
of your case with an experienced law firm. The law
offices of Keller and Keller will help ensure your
rights are protected, and that you receive the compensation
that is rightfully yours. Top
Does
an accident report have to be filled out at the time
of the fall?
Ideally, an accident report should be completed at
the time of the incident noting what happened, who
witnessed both the accident and the conditions that
caused the fall along with any other relevant information
such as lighting. The requirement for a report is
generally a store or business policy, rather than
mandated by law.
If a report is not completed at the business location
or occurred at private location or was not observed
by others, compile a record of what happened yourself.
Include information such as:
- A description of the circumstances
- Who was present
- The comments made by those who saw or helped after
the fall
If possible, take photos of the area. If you were
physically hurt, have your injury checked out immediately
to help substantiate your claim.
If you or a loved one has suffered an injury as the
result of a slip and fall, the law offices of Keller
and Keller are available to you for a free, confidential
consultation with an attorney from our firm who is
experienced in handling personal injury claims. You
can either contact us by phone at 1-800-2KELLER or
through the use of our Free Case Evaluation submission
form.
Should you decide to retain our services after the
initial consultation, we will work on a contingent
fee basis. This means that our offices will only be
paid for our services once we make a recovery on your
behalf from the insurance company. Top
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