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Posted by on October 18, 2021

‘Slip and fall’ is a commonly-used term for a personal injury cases in slip or trip accident cases. Generally, these cases fall within the broader category of cases known as “facilities liability” claims. These types of accidents typically occur on real property or facilities that someone else owns or maintains, and the property owner can be held legally liable. Dangerous conditions, such as torn carpets, uneven or uneven floors, poor lighting, narrow stairs, or wet floors, can cause someone to slip and be injured inside a building. Other slip and fall incident situations can occur when:

  • A person trips on broken or cracked public sidewalks.
  • A person trips and falls on fixed or escalators.
  • Someone slips or trips and falls because of rain, ice, snow, or a hidden hazard, such as a pothole in the ground.

In any case, the plaintiff must have suffered some type of injury, even a minor one, in order to collect compensation

There is no precise way to determine when someone else is legally responsible for your injuries in a slip and fall case. Each case revolves around whether a facility or property owner acted carefully to avoid the possibility of your slip and fall and whether you were careless by not seeing or avoiding the conditions that caused your fall. Here are some general rules of thumb to help you determine if someone else was at fault for your slip or trip and fall injury.

  • A walking surface, such as a floor or sidewalk, contains a dangerous condition such as water, soap, ice, oil, etc., or a defect such as a hole or crack.
  • The property owner knew or should have known about the dangerous condition and/or defect.
  • He or she did not clean or correct the condition or defect or did so in such a way as to leave the hazard.
  • He or she did not warn of the danger by means of a sign, rope, or other warning indication.
  • The condition or defect caused you to trip and fall, resulting in your injury and/or property damage.
  • The fall happened on a construction site, whereas you could also open a separate civil suit and workers compensation case.

It’s important to know that medical attention is vital for any injuries you may sustain as a result of a fall. According to the National Floor Safety Institute, falls are the leading cause of emergency room visits, accounting for 21.3% of eight million emergency room visits each year. The Centres for Disease Control and Prevention report that a fall doubles your chances of falling again. Most falls are not fatal, but the injuries you may receive can be not only painful, but also serious or even catastrophic, as many falls have long-lasting consequences. For example, a fall can cause one or more of the following:

  • Fractures, particularly of the hip, arm, wrist, and ankle
  • Traumatic brain injuries
  • Severe bruising

The chances of falling increase every decade in a person’s life. When you turn 65, you have a one in three chance of falling. Also, the injuries you receive are likely to be more serious. Being admitted to a nursing home is also no guarantee that you will not fall in the future. In fact, more than 60% of nursing home residents fall each year, often because they get impatient when a nurse or other assistant helps them do something, like getting out of bed to go to the bathroom.

When you are injured in a trip or fall accident, you are entitled to compensation for your injuries if the fall was caused by someone else’s negligence. Compensation can range in value depending on the circumstances of the incident and the severity of injuries. Pain and suffering are also elements in deciding the settlement amount. 

Posted in: Health and Fitness