Slip and Fall

A Slip and Fall injury often occurs from a slip and fall accident due to dangerous conditions, from the environment to the supermarket to your home. It is in your best interest to talk with a slip and fall attorney who can help with your slip and fall claim and possibly a slip and fall settlement.

In a slip and fall claim, both the property owner and the slip and fall victim can be held to varying degrees of responsibility. A slip and fall lawyer can explain to both parties slip and fall law and what evidence and documentation is required to file a slip and fall lawsuit.

Slips, trips and falls kill over 16,000 Americans each year. Slip and fall accidents are among the most common injuries in the workplace and can lead to fractured bones, brain injuries, and even death. In many cases, and with the assistance of a slip and fall attorney, they can also lead to lawsuits. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. According to the US Department of Labor, (May 24, 2010) it plans to require improved worker protection from tripping, slipping and falling hazards on walking and working surfaces.
  In 2009 construction fatalities involved two workers falling in Brooklyn and Manhattan, where neither worker had been using the proper safety harness. Another construction worker was fatally injured due to a collapse of a concrete wall in Staten Island. In July 2009, a worker at a chocolate processing plant was killed after falling from an unguarded work platform.

Slip and fall accidents are a major source of injury, permanent disability and death in the elderly. It is estimated that 11,000 senior citizens are killed from slips, trips and falls each year. In March 2010 actor Robert Culp died after suffering a fall accident while walking outside his home.
  To be legally responsible for an injury you suffered from slipping, tripping and/or 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 slip and fall 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 land owner or business proprietor may be liable, as they would have had a reasonable amount of time to clean up the spill.

Slip and Fall accidents fall under four general categories:

• Stump-and-fall accidents: due to an impediment in the walking surface, such as a cracked sidewalk that wasn't there previously.


• Step-and-fall accidents, due to an unexpected failure or hole in the walking surface, such as a missing manhole cover or torn carpeting.


• Trip-and-fall accidents, where there is a foreign object in the walking path - like a bucket of water in a stairwell that is normally clear.


• Slip-and-fall accidents, due to an interface of the shoe and the floor failing, which means that you slip and fall on someone's wet or greasy floor and there are no warning signs posted anywhere. (The National Safety Council has determined that many slip and fall accidents occur because of incorrect application of certain oil-based cleaning products, and by the residue build up remaining on the floor surface after it has dried. Even though the floor may appear to be dry and safe for foot traffic, these hidden dangers can lead to a serious slip and fall injury.)

Other injuries occur due to an escalator that may not be functioning properly or inadequate lighting in a stairwell or near a building, or when a property owner has attempted to rectify a hazardous situation, but the efforts were not adequate to properly solve the problem.
  Some slip and fall cases can be handled by you in Small Claims Court, but most will require the assistance of an expert slip and fall lawyer. Slip and fall cases can be difficult to win in court, because there is no exact method to prove that a property owner (or employee) owes you compensation for an injury that occurred on their property. Generally, you must prove that there was a hazardous condition caused by the person you are suing, and that your injury was a direct result of that condition.

An experienced slip and fall attorney will ensure that the proper steps are taken to preserve evidence, identify and locate witnesses, and assist you in obtaining the necessary medical care. Your attorney will also protect you against complicated filing deadlines, which for some slip and fall claims may be as short as six months, particularly if certain government entities are involved. Failure to meet these deadlines may mean that you would lose any claim for compensation.

Often, a slip and fall injury is an accident that may have been caused by the injured person himself. Motor skills, vision and general health are taken into consideration, particularly with senior citizens. If you are in a public place where a hazardous situation may occur and decide to proceed with knowledge of the hazard, you will assume at least a partial risk and liability for an accident. An attorney will be able to carefully examine the circumstances involved in the accident, and determine whether the injury is the result of negligence on the part of the party you are suing.
  After a slip and fall, inspect the area where you fell. What caused you to fall? Did anyone see you fall? An accident report should be completed at the time of the incident, including what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting, weather (if accident occurred outdoors) or hidden hazards. 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. If possible, take photos of the area as soon as the accident occurred.

The requirement for a report is generally a store or business policy, rather than mandated by law. However, the timely reporting of the accident is most beneficial for all involved parties. 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 if you can't.

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 accident, you should see your physician as soon as possible, as your injuries may be more severe than you think. Next, consult a slip and fall attorney.

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.
Last updated on Dec-1-21