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Slip and fall refers to a personal injury case where a person slips, trips, and falls due to a hazardous condition on another's property. These cases typically fall under the "premises liability" category. The owner of property (or "premises") where the accident happens is generally responsible for liability.
Torn carpeting, changes in flooring, inadequate lighting, narrow stairs, or a wet floor are some of the conditions that can cause a person to slip and become injured. The same goes if someone trips on a faulty sidewalk, or falls down a staircase. A slip and fall case can also arise when a person slips or falls on ice, snow, rain, or a hidden hazard in the ground, such as a pothole. For a plaintiff to be able to collect any damages, he or she must have suffered an injury, however minor.
Slip and fall injuries must be caused by the negligence of other party in order to be covered by legal action. Some people are unaware that some injuries, if anything, are accidents that they cause, in part, through their own carelessness.
The moment you suffer an injury on another's property, you should consult an experienced lawyer. You must act quickly since there are time restrictions on when an injured person can file a personal injury lawsuit. Your attorney can help you understand your options and how to best protect your rights.
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Proving Fault In Slip And Fall Cases
Generally, someone who falls as a result of a dangerous condition on someone else's property must prove that the condition caused the accident, and that the owner of the property knew about it. It must present an unreasonable risk for a person on the property, and it must be a condition that the injured party could not have reasonably anticipated under the circumstances. In order to fulfill this latter requirement, people must recognize and avoid obvious dangers. The following must be shown in order to establish that a property owner or occupant knew of a dangerous condition:
- When a landlord (or their agent or employee) knew that a dangerous condition existed (such as a pothole or an uneven surface), they should have addressed it. There is a critical question here analyzing whether a reasonable individual would have recognized the condition as hazardous, and whether the defendant had adequate time to take action before the accident occurred.
- Property owners (or their employee) created the dangerous condition that led to the slip and fall accident, by leaving a hazardous obstacle on a walking path, for example, and it was reasonably foreseeable that someone would trip and fall due to the condition.
For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue.
- Suppose you tripped over torn, broken, or bulging carpet, floor, or ground, or slipped on wet or loose terrain. Would the owner have known about the dangerous spot?
- What procedure does the property owner use to examine, clean, and repair the building? Are there any documents that prove the owner performs regular maintenance?
- In the event you were injured from slipping on or tripping over something someone placed on or left on the ground or floor, was that object there for a legitimate reason? Would the object have been safer had it been removed or covered if the original reason for its presence no longer existed? Is there a place, or a way, the object could have been located more safely, without much greater inconvenience to the owner or operator?
- Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
- Is it possible that inadequate or broken lighting contributed to the accident?
- Was there a valid reason, which the owner should have anticipated, for you to be in the dangerous area?
- Could someone who was careful have avoided slipping by noticing the dangerous spot or walked carefully enough to not trip and fall?
- Was there any warning that this spot may be dangerous?
- Did anything distract you from paying attention to where you were going or did you run, jump, or fool around in a way that made falling more likely?