Slip and Fall Law






Find a Law Firm:

What is Slip and Fall Law?

Slip and fall law refers to the liability rules governing cases in which an individual falls to the ground and suffers harm due to a dangerous condition on someone else’s property. As a subset of personal injury law, these cases are controlled by the basic rules of negligence. Unless an accident occurs on federal government property, state law will control. Violations of local building code ordinances can also be relevant.

Despite the reference to a “slip,” this area of the law covers any accident that results from the victim encountering an unsafe condition underfoot, whether it produces a stumble, overextension, twist, or other movement. Direct causes can include spilled liquids or food, cracked sidewalks, objects on the stairs, ice and snow, broken floor tiles, uneven steps, and potholes. Indirect causes, such as dim lighting or missing handrails, can also contribute.

At the outset of a slip and fall lawsuit, the responsible parties must be identified. While fault can usually be traced to an individual employee or tenant who caused the hazard, there will be additional parties who exercised control or ownership of the accident site. These may include the property manager, business owner, landlord, or the owner of the property. In most cases, one or more of these parties will have liability insurance covering the property.

If the identity of a responsible party cannot be immediately determined, or if there is uncertainty as to the precise name of one of the defendants, most jurisdictions allow the lawsuit to name a “John Doe” defendant. Once the responsible party has been identified, the court documents can be amended to substitute the correct name in place of John Doe. This allows a plaintiff who is still researching the case to file the claim on time.

Special considerations arise when a slip and fall accident takes place on public property. Foremost is the issue of sovereign immunity. Historically, individuals were completely barred from suing the government for negligence. In modern times this rule has been amended by statute, and the government now allows itself to be sued in limited circumstances. If an injury does qualify, victims must also comply with strict notice requirements and time limits.

Proving the Defendant is Liable

Unless it is a rare case involving intentional conduct by the defendant, a slip and fall case will require the plaintiff to prove negligence. Negligence means that the defendant failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect a store clerk will place warning signs in recently mopped areas. If this is not done, and a customer slips on the wet floor and gets hurt, the store may be liable for negligence.

Whether someone acted negligently will depend on what they knew. This is especially true in slip and fall cases, as the defendant’s knowledge of the dangerous condition will usually be determinative. The plaintiff is entitled to find out what the defendant knew through a procedure called discovery. During discovery, the defendant can be forced to turn over maintenance records, repair logs, surveillance video, and other such items.

A slip and fall victim is also permitted to gather sworn testimony regarding what happened. The plaintiff does not need to wait until trial to learn what the witnesses will say. This is accomplished by conducting depositions (recorded interviews). Subpoenas can be issued to the defendant and other parties to show up to be deposed at the office of the plaintiff’s attorney, and to answer questions about the accident on the record.

Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.

Cases that initially appear favorable to the plaintiff are often derailed once the plaintiff’s own conduct is analyzed. Defendants in slip and fall cases are sure to raise the issue of comparative fault. Also called contributory negligence, the basic idea is that the victim was careless in not avoiding the danger, and shares some or all of the blame. To avoid such a defense, slip and fall victims should retain an attorney before speaking with anyone about the incident.

Copyright HG.org

Know Your Rights!

Articles

  • What to do if Injured on Someone Else's Property
    Have you, or someone you know, been injured while visiting someone else’s home or place of business? Such injuries can occur as a result of wet floors, uneven steps, falling objects, defective elevators, defective parking lots and sidewalks, poorly lit staircases, inadequate security, dog bites, or some other dangerous conditions on the premises. If this sounds like you, you may have a basis for a lawsuit against the property owners.
  • What Should I Do After a Slip and Fall Accident?
    Slip and fall accidents can happen at any time and in any place. Whether you're on the job, at the store or are simply walking down the street, you never know when you may become the victim of this type of accident.
  • What to do after a Personal Injury
    The moments following an accident or other injury are confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone's negligence or wrongdoing.
  • 10 Important Questions for Your Personal Injury Attorney
    Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
  • How Does the Workers’ Compensation System Work in Missouri?
    In Missouri, employers are required to have workers’ compensation insurance coverage. Employers can obtain this insurance either with a private insurance company, or can self insure. With some exceptions for domestic servants and agricultural workers, every employer who retains more than five employees must have workers’ compensation insurance.
  • New Missouri Workers’ Compensation Legislation
    Recently, lawmakers in Missouri put the finishing touches on a law that would mean businesses would pay double the fees they are currently paying in order to replenish a fund intended for disabled workers that is currently insolvent. This fund pays out to workers who are disabled as the result of serious work-related injuries or illnesses.
  • Bus Driver’s Injuries Are Compensable Though the Injury Occurred At Home
    A New Jersey Bus Driver was awarded workers’ compensation by a judge after her claim for benefits after experiencing an accident where she tripped and fell, breaking her foot, was initially denied.
  • Falls Are Usually Funny
    People often make light of accidental falls, including Hollywood artists (e.g., Chevy Chase, Jerry Lewis and Dick van Dyke) who have made a living out of making people laugh about falling down.
  • Slips, Trips, and Falls in Wholesale and Retail Trade Establishments
    Spills on walking surfaces may cause slippery surfaces.
  • Increased Risk of Falls Due to Snow and Ice
    Business owners have a duty to inspect their premises for slip and fall hazards and fix any hazards they find or provide proper warning. In general, homeowners and others who possess property are liable for the slips and falls of their guests.
  • All Tort and Personal Injury Articles

Slip and Fall Law - US