Slip & Fall Accident Questions

What is a "slip and fall" accident?

The term refers to an accident that happens on private property due to the negligence of the property owner or caretaker. While it traditionally meant a slippery floor, it has come to have the broader meaning of any unsafe condition that leads to an injury. A fall can happen because of an uneven surface, a slippery surface or even a hidden obstruction.

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Do I have a case?

This depends on how you were injured and whether your slip was due to negligence on someone's part. Spontaneously falling because of a medical condition usually wouldn't generate a lawsuit, but many other instances would. If you fell because someone failed to reasonably keep a walkway safe, you probably have a case.

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What are the most common types of slip and falls?

While any dangerous condition can lead to a slip and fall, most often they come in one of these categories:

• Water, snow, ice, leaves or other slippery material
• Uneven flooring or carpeting
• Hidden step or poor lighting
• Missing or defective handrail
• Torn carpeting or a gap in carpeting
• Wires run across a walkway
• Highly polished or waxed floors

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Who do I sue for a slip and fall?

There may be multiple responsible parties but primarily the property owner or business that leases the property will be the defendant. Property owners/lessees are responsible for hazardous conditions where the public has access. If the property is insured (most will be) the owner's insurance carrier will end up handling the case under subrogation rules.

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The business owner claims they didn't know about the hazard, do I still have a case?

If the condition that led to the fall is permanent or longstanding, the owner is responsible whether they knew about it or not. Part of their duty is to be aware of such conditions. If the problem is temporary then how long it existed becomes important. Obvious things – like a wet floor from mopping – are the easiest to show fault for. In other cases, you may have to prove they knew about the unsafe element but didn't take action. Witnesses may be important, including video footage or statements from employees.

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Does it matter if I wasn't a customer?

Your reason for being on the property does matter. If you are there working or if you are trespassing (for example) this will affect your claim.

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What is a "failure to warn?"

In some cases a business owner will know about a hazardous condition and rely upon a warning to prevent injuries. How this warning is communicated (sign, verbal, other) makes a difference as well as how the fall happened. A failure to warn can be grounds for a lawsuit. This is why you see so many "wet floor" signs in businesses – they are attempting to warn about a temporary, unsafe condition. Often, signs will get covered up or warning paint gets faded. Even the lack of a handrail can be a failure to warn when it would identify the location of steps.

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How will they fight my claim?

Some common strategies are to say you knew about the hazard or should have known. They may also say it was a temporary condition that just happened. It may even be alleged that any injuries you suffered were pre-existing. All of these come into play and must be met by an aggressive and detailed case supporting your claim.

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What should I do if I have a slip and fall?

Your first concern should be seeking medical attention. From there, you should document everything you can (pictures are wonderful!). Get any witness contact information you can and request that any video footage be preserved. DO NOT sign any statements offered by the business owner.

If the store manager fills out an incident report, ask to get a copy. Be careful about answering any questions on such a form – they may be worded to imply you were at fault.

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What if the slip and fall was outside and not on the business's property?

This depends on whether or not the business is responsible for the upkeep of the area where you fell. In most cases, the sidewalks around a building are the responsibility of the business owner. When outside areas are not cared for by the business, they may still be liable if something they did (an obstruction for instance) caused the slip. Other parties that might be at fault are the management company for the property or even the local government. Be careful that you do not get the runaround with multiple parties blaming others. Your attorney can quickly sort through the mess by finding legal ownership.

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What if I was partly at fault?

It is common for property owners to claim that your actions contributed to the fall. For instance, you were carrying something that partially blocked your view. However, the case may still have merit, under comparative negligence. This can be complicated and how much each party was at fault will have to be determined.

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Should I accept the businesses offer to pay my medical bills?

You can, but be careful about signing away your rights to take further action. Consult your attorney to find out if this is a good idea in your circumstances.

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