Slip and Fall
💡 A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred.
Premises liability law is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property as a result of their negligence. This area of law is based on the idea that property owners and occupiers have a legal duty to maintain their property in a safe condition and to warn of any known hazards. If they fail to do so, and someone is injured as a result, they may be held liable for the injuries under the theory of premises liability.
The legal duty of property owners and occupiers varies depending on the specific circumstances and the type of property in question. The general rule is that the owner or occupier of a property must use reasonable care to keep the property in a safe condition and to warn of any known hazards. However, the specific duty of care may vary depending on the type of property and the status of the person who is injured.
For example, a property owner or occupier has a higher duty of care to invitees (people who are invited onto the property for business or social reasons) than they do to licensees (people who are permitted to be on the property) or trespassers (people who are on the property without permission). In general, property owners and occupiers have a greater duty of care to invitees, as these individuals are on the property with the owner or occupier's knowledge and consent.
There are several different types of premises liability claims, including:
Slip and fall accidents: These claims arise when a person slips and falls on a property as a result of a hazardous condition, such as a wet floor or uneven pavement.
Trip and fall accidents: These claims arise when a person trips and falls on a property as a result of a hazardous condition, such as an uneven floor or a raised threshold.
Negligent security: These claims arise when a property owner or occupier fails to provide adequate security, leading to an injury or criminal act on their property.
Negligent maintenance: These claims arise when a property owner or occupier fails to properly maintain the property, leading to an injury.
Product liability: This claim arises when a person is injured due to a defect in a product that is located on the property
In order to succeed in a premises liability claim, the plaintiff (the person who was injured) must prove that the owner or occupier of the property was negligent. To do this, they will need to demonstrate that the property owner or occupier knew or should have known about the hazardous condition, and that they failed to take reasonable steps to correct it or warn of it.
It's important to note that each state has its own laws regarding premises liability and the standard of care required by property owners and occupiers. It's advisable to consult with an attorney who is experienced in personal injury law and familiar with the specific laws of your state. They can help you to understand your legal rights and options, and can help you to gather and present evidence, negotiate with insurance companies, and fight for the compensation that you deserve.
Liability for slip or trip and fall injuries may arise based upon a defendant's ownership of the premises where the injury occurred, their control of the premises, or both. For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's landlord) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the sidewalk or in the parking lot of a shopping mall.
Property owners have two basic defenses to slip and fall claims:
Lack of negligence: The defendant may argue that they were not negligent in creating the condition that caused a person to trip or slip, or were not negligent in correcting the condition before injury occurred. For example, the owner of a grocery store may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
Lack of fault: The defendant may claim that the injured person was responsible for his or her own injury. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.