Slip & Fall Accidents

Each year millions of emergency room visits are the result of slip and fall accidents; according to the National Safety Council, these slip and fall accidents are the single largest cause of trips to the Emergency Room.

Injuries from slip and fall accidents can range anywhere from minor sprains and strains to serious and debilitating permanent or catastrophic injuries.

In fact, that is not always the case. Property owners are not liable for all accidents that occur on their properties.  

Slip and fall accidents can result from a number of different factors; carelessness or inattention on the part of the injured person is not an uncommon cause.

When an individual is injured through no fault of the property owner, there is no liability for the property owner. However, in the majority of cases slip and fall injuries are directly attributable to the negligence of the property owner and in those cases, the injured party is entitled to receive full and fair compensation for his or her injuries and damages.

To establish the property owners’ liability, the injured victim must be able to prove four elements; first, that a dangerous or defective condition existed on the property, second, that the dangerous or defective condition caused the injury, third, that the property owner knew or should have known of the existence of the dangerous or defective condition and fourth, that after becoming aware of the dangerous or defective condition and after a reasonable opportunity to make repairs,  the property owner either failed to remedy the dangerous condition or failed to take proactive warning measures such as fencing  off the dangerous area, posting warning signs, placing cones in strategic places or utilizing high visibility danger/keep out tape.

Notwithstanding property owners’ legal duty to maintain their property in a condition that does not pose an unreasonable risk of harm to users of the property, excluding adult trespassers (property owners still have a duty to protect against “attractive nuisances” which draw trespassing children to their property), every slip and fall case can be susceptible to claims that the injured person’s negligence was the primary cause of their accident.  

Property owners frequently claim that any dangerous condition was “open and obvious” and that the victim could have avoided injury by exercising reasonable care.  For that reason, it is very important to collect as much evidence at the scene as possible, including photographs of the hazardous conditions and complete witness information.  

It is equally important to report the accident to the property owner or its agents or employees before leaving the property, as property owners will always dispute a “BLIND” slip and fall claim that was not reported immediately after the occurrence.