Slip Trip and Fall Accidents, in United States tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip. Property owners generally have two basic defenses to Public liability slip and fall claim.
The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.
Slip and fall injuries occur every day in a wide range of settings, from the home to businesses to public places, a fall can happen anywhere. It is one of the more common forms of serious injury accidents. In the workplace, slip and fall injuries represent the second leading cause of workplace death. To protect yourself against slip and fall injuries, it is important to understand these injuries and their consequences.
Slip and fall accidents are commonly caused by:
– Wet or oily surfaces
– Weather hazards
– Mats that are not anchored
– Inherently slick flooring
In addition, trips are a common cause of falling accidents and may be caused by:
– Wrinkled carpeting
– Cables in walkway
– Uneven walking surfaces
– Obstructed view
– Poor lighting
These slips and trips can result in falling injuries.
Just as there are many causes for slip and fall accidents, there are also many different types of injuries that can result. Some of the more common injuries that result from slip and fall accidents, include:
– Broken bones
– Tailbone or spinal injuries
– Brain injuries
In some cases, these injuries can be serious and may require hospitalization or lead to long-term injury.
Premises Liability Lawsuits
If you have been hurt as a result of a slip and fall injury, you may be able to file a premises liability lawsuit to receive compensation for expenses, including new bills and lost wages.
Whether a premises liability lawsuit is appropriate in your case depends on many factors. First, did the slip occur at work? If it occurred at work, were you at your place of work, or were you at another location as a part of your work duties? If you were at your normal workplace, you cannot file a premises liability lawsuit. Instead, your injuries will be covered under workers’ compensation. If your injury occurred at another place or not during work, you can file a premises liability lawsuit against the property owner if you believe your injury was due to a hazard that the property owner did or should have known about.
Q: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city?
A: 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 a lawyer should advise you.
Q: What if someone gets injured while at the home of a neighbor, who invited him or her there for a party?
A: 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.
In many cases, you may be entitled to compensation for your health care costs, wages lost for missing work, emotional distress resulting from stress or anxiety, and for your pain and suffering resulting from a fall on someone else’s property. Call our firm today for an evaluation of your case.
“Slip and fall” accidents often involve a situation where a person is injured by slipping, tripping and falling due to a dangerous condition. Falls can take place both inside and outside and can result from bad flooring, wet floors, poorly lighted steps, weather-related conditions, and hidden defects. Icy patches, a crack in a sidewalk, or a pothole are also factors that can cause serious slip and fall injuries. Slip and fall injuries can happen anywhere, and often occur at grocery stores, department stores, in parking lots, and on sidewalks. While many people, including insurance defense lawyers, make light of slip and fall accidents, the consequences of a fall can be severe. A slip, trip and fall accident may result in serious injuries, such as head injuries, brain injuries, spinal cord injuries, herniated or bulging discs, fractures, breaks, broken bones, neck injuries, back injuries, shoulder injuries, knee injuries, and muscle and ligament injuries.
Our team of attorneys handle slip and fall cases in Georgia and across the United States. Common slip, trip and fall injuries are caused by broken stairs, broken steps, and dangerous stairwells or landing areas, pool accidents, pool slip and fall injuries, dangerous sidewalks, cracks in the sidewalk, and potholes, defective lighting, inadequate or inoperative lighting, failure to warn of hazardous or dangerous conditions, failure to correct hazardous or dangerous conditions, slippery or wet floors, and tenant slip, trip and fall injuries caused by landlord negligence.
“Slip and fall” is a term used for a personal injury case in which a person slips or trips and falls, and is injured as a result of a dangerous condition on someone else’s property. These cases fall under the broader category of cases known as “premises liability” cases. The term “premises liability” refers to a situation when an individual is injured on property, or “premises” owned or maintained by someone else, and the owner or possessor of the property is held liable for such injury.
Property owners and businesses have a duty to provide a safe environment for people on their property and, if they fail to do so and someone is injured as a result, they may be held liable for the injured person’s medical expenses, pain and suffering, and lost wages. 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 are when people trip on broken or cracked public sidewalks, trip and fall on stairs or escalators, or are trapped in burning buildings without adequate means of escape. 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.
In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else’s property: invitees, licensees, and trespassers. In states that still distinguish among these categories of people, the legal duty owed to each category is different. It is important to ask an attorney whether these categories and standards of care apply in your state.
Generally, as long as the area where you slipped or tripped and fell is part of the property owner’s property, and the property owner failed to fulfill a legal duty to take precautions to protect you from injuring yourself, the property owner will be legally responsible for your injuries. What follows are some examples of common conditions that lead to slip and fall accidents indoors, and the rules regarding a property owner’s duties with respect to those conditions.
Retail stores depend upon a large number of people coming into their premises. This large volume of traffic means that many slip and fall injuries happen in retail stores. If you have been injured falling in a retail store, the store owner or operator may be liable for your injuries. Contact an experienced personal injury attorney for an analysis of your claim.
When you are in a retail store, either as a customer or a potential customer, you are there because the store owner wants you there. The store owner’s business depends upon people coming into the store. The store owner wanted you to come in, for his or her economic benefit.
Because you are in the store primarily for the benefit of the store owner or operator, that owner or operator has a high duty of care to make the premises safe for you. The store owner or operator has the duty to inspect the premises, and look for any dangerous conditions. The store owner or operator then has the duty either to correct the unsafe condition, or to warn customers of the condition. The exact steps a store owner or operator must take will depend upon the nature of the unsafe condition, its location in the store, and how many people might be expected to encounter the condition.