Slip and fall accidents might seem like minor mishaps, but they can easily cause severe injuries that impact your quality of life. From fractured bones and traumatic brain injuries to debilitating back and neck damage, the consequences of a preventable fall can be life-altering.
Take a recent New Jersey slip and fall case, for example. The injured victim (and plaintiff) was a 69-year-old woman who slipped on a broken egg while shopping at an area Dollar Tree. The victim fell, suffering severe cervical and lumbar injuries, requiring surgery.
In another recent case that occurred near a condominium community swimming pool, a man was severely injured when he fell through a deteriorating wooden staircase. After approximately 100 operative procedures, the man’s condition did not improve. In fact, because of the incident, the victim is reportedly unable to walk, dress or bathe himself. He suffers from such severe pain that he experiences frequent nausea and vomiting.
Common Slip and Fall Scenarios
While slips and falls can happen virtually anywhere, some scenarios are particularly common sources of these often-disabling accidents. Whether it’s an uneven sidewalk, a wet grocery store floor, or a loose stair tread, understanding your legal rights and options for pursuing compensation is crucial.
Sidewalks, Parking Lots, and Other Walking Surfaces
Cracks, buckled pavement, potholes, poor drainage, lack of de-icing in winter conditions – pedestrians face plenty of potential hazards on sidewalks, in parking lots, on pathways, and other outdoor walking areas. Property owners are responsible for maintaining these surfaces in a reasonably safe condition and addressing dangers in a timely manner.
Grocery and Retail Stores
Stores present slip risks due to customer spills, leaks, poor floor maintenance, or rain/snow being tracked inside. Staff should properly mark and clean up any spill or slipping hazard as soon as possible. Failure to address known dangers in a reasonable timeframe can constitute negligence.
Hotels and Restaurants
Lobbies, hallways, dining rooms, walkways, and other public spaces must be adequately inspected, cleaned, and maintained by these businesses. Allowing a spill, loose carpet/rug, or other slipping risks to remain unaddressed puts guests at risk of injury.
Workplaces
Offices, industrial settings, construction zones – slippery floors caused by water, oil, debris, loose mats, or other hazards are unfortunately common in work environments. Employees who suffer slip and fall injuries at work can file workers’ compensation claims to pay for their losses.
Public Buildings and Government Properties
From city halls and post offices to public parks and museums, slip and fall risks exist in publicly-owned or operated buildings and spaces. Local, state, and federal entities must exercise reasonable care to protect visitors and guests.
Apartment Complexes and Residential Buildings
Property owners/managers are responsible for providing safe common areas like lobbies, stairwells, parking garages, etc. Loose handrails, poor lighting, slippery floors, or other hazards that go unaddressed put residents and guests at risk.
Understanding Premises Liability Laws That Apply to Slip and Fall Accidents
So when is a property owner considered legally liable if someone slips and falls on their premises? Most states follow some form of premises liability law that says property owners/occupiers have a duty to keep their premises in reasonably safe condition for visitors. They are to either repair or provide adequate warnings about known dangers that can’t be immediately fixed.
However, the level of care owed to someone injured in a slip and fall varies based on their legal status as an invitee, licensee, or trespasser.
Invitees are owed the highest duty of care. This category includes commercial customers (grocery shoppers, restaurant diners, hotel guests, etc.) as well as anyone else entering a property for the owner/occupier’s financial benefit. Property owners must frequently inspect for hazards and correct them or provide clear warnings.
Licensees are social guests or others legally permitted on a property with permission. The duty to licensees is less stringent – owners must warn about hidden dangers or hazards they know about, but don’t necessarily owe the same duty for regular inspections.
Trespassers on a property without permission are usually owed the lowest duty – essentially to avoid willful or wanton conduct that could injure them.
Regardless of category, owners are generally not liable for slip/fall injuries caused by open and obvious dangers that a reasonable person would be expected to notice and avoid.
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Pursuing Compensation After a Slip and Fall
If you’ve been injured in a slip, trip, or fall, there are several important steps to preserve your legal rights and options for compensation.
Seek Medical Attention: Even if you don’t think your injuries are serious, it’s critical to get evaluated by a medical professional and document the incident, your symptoms, and all treatment received. Many injuries, including head trauma, may not present immediate symptoms.
Report the Incident: Whether it’s at a business, apartment building, or other property, report your fall to the owner/manager as soon as possible. Provide details on where/when/how it occurred and request a copy of the report. Take photos of the scene if possible.
Decline Providing Recorded Statements: Insurance companies will likely try to get you to provide a recorded statement downplaying your injuries or implying some degree of fault. Politely decline these requests until you’ve consulted an attorney.
Consult a Slip and Fall Lawyer: An experienced premises liability attorney can assess whether the circumstances violated the property owner’s duty of care to you. They’ll investigate, gather evidence, calculate damages, and negotiate for a full settlement or take your case to court.
Don’t Accept Initial Settlement Offers: Initially low-ball offers from insurers are common tactics to avoid paying fair compensation for medical bills, lost wages, pain and suffering, and more. A skilled lawyer can fight for the full amount you deserve.
Consulting a personal injury lawyer is key if you’ve been hurt in a slip and fall accident on someone else’s property. Most offer free consultations, work on contingency fees, and have the knowledge and skill to navigate these cases effectively on your behalf.
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