Slip And Fall Accidents
The area of law dealing with slip and fall accidents is known as "premises liability." This refers to the responsibility held by the person or company who owns, maintains, or is otherwise in control of property. Private homes, government buildings, and businesses such as malls, grocery stores, hardware stores, discounts department stores, etc. are all "premises" where liability can arise from an accident.
In a slip and fall case, the plaintiff has the burden of proving that the defendant was negligent. This generally requires proof that the owner of the property, or the one in control of the property, had some knowledge or "notice" that a dangerous condition existed on the property. A dangerous condition can be liquid on the floor, a hole, a change in elevation, improper lighting, etc. The person or company in possession of the property has a legal duty to keep the property in a reasonably safe condition and to warn customers or visitors of any known dangerous conditions.
Premises liability cases may also involve other examples of negligence, such as insufficient/negligent security, improper display of merchandise, such as falling boxes, negligent maintenance of property, such as on a construction site, and other cases where a property owner has negligently contributed to causing injury to another.
Slip and falls are the second leading cause of injuries in the US. They account for an about 16,000 deaths each year. Many more slip and falls result in serious long lasting injuries. Often these injuries and deaths are caused by the dangerous or hazardous condition existing in someone else's property. if an injury or death from a fall is caused by a hazardous condition existing in another person's property, the victim or their family may entitle to compensation.
- Why Do Slip and Fall Accidents Occur? Over 70% of falls occur due to dangerous conditions and hazards in our environment. Dangerous conditions that cause slip and fall accidents frequently result from poor design or improper maintenance. Other hazards are created by the presence of slippery surfaces and substances, such as areas with food spillage or water leakage.
- Where Do Slip and Fall Accidents Occur? Slip and fall accidents occur virtually everywhere - in a supermarket or shopping mall; at school or at an office; or on a sidewalk. Your slip and fall may be caused, for example, by a defect in flooring, which may be wet or uneven, or else it may be attributable to inadequate lighting that obstructs your ability to foresee a danger.
- How Do Slip and Fall Accidents Occur? Slip and fall accidents have two main types of mechanism. In one slip and fall scenario, your front foot slips forward, causing you to fall backward. In the alternative scenario, your rear foot slips backward, causing you to fall forward. A related type of accident, a trip and fall, occurs when your foot comes into contact with an obstacle, such as a protrusion, along your path.
The traumatic impact of a slip and fall or a trip and fall accident can cause severe and long-lasting injuries. Therefore, if you suffer a slip and fall or a trip and fall, it is in your best interests that you seek medical and legal help without delay.
What Should You Do After a Slip and Fall Accident?
- Seek Medical Help for Your Slip and Fall Injuries. If you suffer a slip and fall or a trip and fall, seek immediate medical attention for your injuries. In the case of severe injuries, an ambulance should be summoned for emergency transport to a hospital. Too often, however, severe injuries sustained in a slip and fall accident may not manifest themselves for some days or weeks, making it all the more important that you be examined by a medical provider without delay.
- Determine the Hazard That Caused Your Slip and Fall. Take Photos. In order to have a viable slip and fall (or trip and fall) claim, it is necessary to identify the dangerous condition or hazard that caused you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. Therefore, do what is reasonably necessary to take photos. If you have a camera with you (your cell phone will do), snap photos, or ask a companion or anyone at the scene to take one.
- Report the Slip and Fall Accident. If you suffer your slip and fall injury in any commercial establishment, such as a store, a supermarket, or a mall, you should report the slip and fall accident to management right there and then. It is very important to document your slip and fall accident in this way. Incident reports contain useful information about the accident, including the date and time of the slip and fall, the names of witnesses, and the circumstances of the injury. Most importantly, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later claiming that the incident never took place.
- Contact Our Slip and Fall Attorney. Time is of the essence after a slip and fall (or a trip and fall) accident, so you should protect your rights by immediately contacting a reputable slip and fall attorney. A prompt investigation is vital to a successful slip and fall claim. In many instances, the hazard that caused the slip and fall may be a temporary one (such as a liquid spill in a supermarket) and may be cleaned up quickly, destroying critical evidence for your case. An expert slip and fall attorney will initiate the proper steps to preserve evidence, identify and locate witnesses, and assist you in obtaining the necessary medical care. He will also protect against complicated filing deadlines, which for some slip and fall claims may be as short as six months if certain government entities are involved. Failure to meet these deadlines may mean that any claim for compensation that you may have for your slip and fall injuries is lost forever.
The lawyers of Kinney, Fernandez & Boire have years of experience handling slip and fall and other premises liability cases. Our lawyers have tried cases in front juries involving premises liability and have resolved thousands over the years. Several of our lawyers have prior experience working for insurance companies that defend premises liability cases, increasing our experience in this area. We often hire experts in the field to add more strength to our client's case. If you have a case involving premises liability, we have the experience to assist you!
Please Contact Us Today, So We Can Discuss Your Situation!