Slip and Fall Law
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.
Know Your Rights!
Articles About Slip and Fall Law
- Did You Incur Serious Injuries When You Slipped and Fell?In most situations, slips and falls are just a normal part of life. You get up, dust yourself off, and continue about your day — maybe with an extra bruise to show for it.
- Why Does Status Matter in a New Jersey Premises Liability Case?New Jersey has a traditional common law approach to premises liability cases. The status of the person on the property has a significant impact on the case and dictates what legal duty the property owner owes him or her.
- Biomechanics Expert Witness in Slip and Fall CasesA biomechanics expert may be needed when there is a slip and fall case to determine various factors related to the body, anatomy and how the human body has been harmed through these incidents. If the accident occurred at work, there are additional elements that may be involved such as negligence or intentional harm.
- Factors Considered When Determining Liability in a Slip and Fall Minnesota CaseWhen slip and fall incidents occur within Minnesota, it is important for the victim to know what factors are considered for liability. Through these elements in the case, it may be possible to acquire compensation after injuries are the result of these accidents.
- Do I Need an Accident Report to File a Slip and Fall Claim in Minnesota?Slip and fall accidents in Minnesota require certain processes, but one of the most important is the statute of limitations for the incident. If the time limit has been surpassed, then no matter what the victim does, he or she cannot bring the case before a courtroom to a success outcome.
- Social Media and Your Personal Injury CaseSocial media is accessed by millions of people around the world. It is also used by defense lawyers, private investigators, and the defendants. For you, this means that what you post could be used against you in court.
- Common Questions that Arise after a Slip and Fall AccidentOne of the most common types of cases personal injury lawyers handle are Slip and Falls. To address confusion that people may have while determining if they have a case or not, here are some of the questions and that we often receive in our South Carolina practice.
- Slip And Fall AccidentsPremises liability is the legal concept that allows an individual to file a claim against a property owner for injuries they sustain as a result of the property owner’s negligence. Establishing liability in a slip and fall accident case can be challenging, as the burden of proof falls upon the injured party.
- Liability for Dog Bites in CaliforniaWith over 4.5 million dog bites a year and 800,000 medical visits annually in the United States, the potential for liability is particularly worrisome to dog owners, especially with certain breeds. It is also problematic for those of us that share the walking paths, parks or city sidewalks with these pets. Learn more about what to do if you’ve been bitten by a dog in California.
- Slip and Fall Accidents in StoresA slip and fall accident can turn an enjoyable day of shopping into a nightmare. Every year, more than one million Americans visit the emergency room with injuries they sustained in a slip and fall accident. Many of these types of accidents happen in retail stores. Store flooring is often made of laminate materials or wood, which can become very slippery when wet.
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Slip and Fall Law - US
- Settlement Guide - Slip and Fall Accident Cases
Sample pleadings, negotiation tips, frequently asked questions, and other resources for slip and fall victims.
- Slip and Fall - Wikipedia
Wikipedia offers this discussion of slip and fall law in the United States including investigative techniques and potential defenses for property owners.
- Slip and Fall Accident Information
A general overview of slip and fall litigation, including the three most common ways for injured plaintiffs to establish liability. Useful tips, such as photographing the scene, are also discussed.