WHAT IS A SLIP AND FALL LAWSUIT?

A slip and fall lawsuit is a type of personal injury claim filed when a person is injured after slipping, tripping, or falling on property owned or maintained by another party. These cases fall under premises liability law, which holds property owners legally responsible for maintaining reasonably safe conditions for visitors.

Slip and fall lawsuits are among the most common personal injury cases in the United States. According to the National Floor Safety Institute (NFSI), slip and fall accidents account for over 8 million emergency room visits annually, representing 21.3% of all ER visits. When these injuries occur because of someone else’s negligence, you have the right to pursue legal action and recover damages.

COMMON CAUSES

Understanding what causes slip and fall accidents is critical to building a strong slip and fall lawsuit. Property owners can be held liable when dangerous conditions go unaddressed. Common causes include:

Wet or Slippery Floors: Spilled liquids, recently waxed floors, or icy walkways that aren’t properly marked or cleaned up create serious hazards.

Uneven or Damaged Surfaces: Cracked pavement, potholes, broken sidewalks, and abrupt changes in flooring elevation are leading causes of tripping accidents.

Unsafe Stairways: Missing or broken handrails, deteriorating steps, and wet staircases substantially increase fall risk.

Poor Lighting: Dimly lit hallways, parking lots, and stairwells make it difficult to see hazards in time to avoid them.

Obstructions: Cords, debris, boxes, or misplaced merchandise left in walkways can cause unexpected trips and falls.

COMMON INJURIES SUSTAINED

Slip and fall injuries range from minor bruises to life-altering conditions. The severity of injury often determines the potential value of a slip and fall lawsuit. The most frequently seen injuries include:

Broken Bones and Fractures: The force of impact from a fall frequently causes fractures, particularly to wrists, hips, and ankles. Hip fractures are especially dangerous for elderly victims.

Traumatic Brain Injuries (TBI): When a person’s head strikes the ground or another surface, the result can be a concussion or more serious TBI. Symptoms like loss of consciousness, persistent dizziness, memory problems, or vomiting require immediate emergency care.

Back and Spinal Cord Injuries: Slip and fall accidents can cause herniated discs, compressed vertebrae, or spinal cord damage. In severe cases, these injuries can result in partial or full paralysis.

Soft Tissue Injuries: Torn ligaments, muscle sprains, and tendon damage may not be immediately visible but can cause chronic, debilitating pain.

HOW DO SLIP AND FALL LAWSUITS WORK?

To succeed in a slip and fall lawsuit, your attorney must establish liability under premises liability law. This requires proving four key elements:

1. Duty of Care

Property owners, and in some cases occupiers or tenants who control a space, have a legal obligation to keep their property reasonably safe for visitors. This duty applies to:

• Invitees: Anyone on the property with the owner’s express or implied permission, including all business customers.
• Licensees: Individuals performing a legal duty on the property, such as delivery carriers, mail carriers, or utility workers.

In some circumstances, this duty can even extend to hazards outside a property’s boundaries. For example, a leaky pipe that causes ice to form on a public sidewalk.

2. Breach of Duty (Negligence)

You must show that the property owner failed to meet their duty of care, either by creating the hazardous condition themselves, or by failing to identify and correct a known danger within a reasonable timeframe.

3. Proof of Notice

This is often the most contested element in slip and fall lawsuits. You must demonstrate that the responsible party knew or should have known about the dangerous condition and failed to act.

For example, grocery stores are required to periodically inspect their aisles for hazards. Many maintain a “sweep log” to track when inspections occurred. If records show the area wasn’t checked for several hours before your accident, that gap can be critical evidence in your lawsuit.

For tripping accidents involving cracked pavement or broken sidewalks, the city, business, or property owner responsible for maintenance must repair the condition or block it off with adequate warning signage within a reasonable time. 

4. Causation and Damages

Finally, you must establish a direct link between the property owner’s negligence and your injuries and document the physical, financial, and emotional harm you suffered as a result.

WHAT TO DO AFTER AN ACCIDENT

The actions you take immediately after a slip and fall can significantly impact the strength of your lawsuit. Follow these steps:

1. Report the incident to the property owner, manager, or supervisor right away and request a written incident report.
2. Document the scene by taking photographs or videos of the exact location, the hazardous condition, any signage (or lack thereof), your injuries, and your clothing and footwear.
3. Collect the names and contact details of anyone who saw the accident occur.
4. Seek medical attention immediately, even if your injuries seem minor. Some serious conditions, such as TBIs or internal injuries, may not present symptoms right away. A medical record also establishes the timeline of your injury.
5. Preserve evidence by keeping the clothing and shoes you were wearing. Do not repair or alter anything related to the incident.
6. Contact a slip and fall attorney before giving any recorded statements to the property owner’s insurance company.

Establishing negligence demands expertise and determination. Our dedicated team at TORKLAW has a proven track record in ensuring victims receive just compensation. If you’ve been hurt, trust our skilled negotiators and attorneys to champion your cause. Contact us now at 888.845.9696 for a comprehensive, free consultation.