Slip and falls are the second leading cause of injuries in the United States. They account for an estimated 16,000 deaths each year. Many more slip and falls result in serious injuries. Often these injuries and deaths are caused by a dangerous or hazardous condition in someone else’s property. An injury or death from a fall that is caused by a hazardous condition in another person's property may entitle the victim or the victim's family to compensation.
Why Do Slip And Fall Accidents Occur?
Over 70% of falls occur due to dangerous conditions and hazards in our environment. Dangerous conditions that cause slip and fall accidents frequently result from poor design or improper maintenance. Other hazards are created by the presence of slippery surfaces and substances, such as areas with food spillage or water leakage.
Where Do Slip And Fall Accidents Occur?
Slip and fall accidents occur virtually everywhere - in a supermarket or shopping mall; at school or at an office; or on a sidewalk. Your slip and fall may be caused, for example, by a defect in flooring, which may be wet or uneven, or else it may be attributable to inadequate lighting that obstructs your ability to foresee a danger.
Seek Medical Help for Your Slip and Fall Injuries. If you suffer a slip and fall or a trip and fall, seek immediate medical attention for your injuries. In the case of severe injuries, an ambulance should be summoned for emergency transport to a hospital. Too often, however, severe injuries sustained in a slip and fall accident may not manifest themselves for some days or weeks, making it all the more important that you be examined by a medical provider without delay.
Determine the Hazard That Caused Your Slip and Fall. Take Photos. In order to have a viable slip and fall (or trip and fall) claim, it is necessary to identify the dangerous condition or hazard that caused you to slip and fall. Time is of the essence in preserving the evidence at the site of your fall. Therefore, do what is reasonably necessary to take photos. If you have a camera with you (your cell phone will do), snap photos, or ask a companion or anyone at the scene to take one.
Report the Slip and Fall Accident. If you suffer your slip and fall injury in any commercial establishment, such as a store, a supermarket, or a mall, you should report the slip and fall accident to management right there and then. It is very important to document your slip and fall accident in this way. Incident reports contain useful information about the accident, including the date and time of the slip and fall, the names of witnesses, and the circumstances of the injury. Most importantly, incident reports help establish that the slip and fall accident actually occurred, preventing a property owner from later claiming that the incident never took place.
The victim of a slip and fall must prove that the property owner knew or should have known about the hazard that caused the slip and fall accident, and that he failed to remedy it. If the property owner, or any of his employees, created the dangerous condition that caused the slip and fall injury, knowledge of the hazard may be automatically imputed to them. However, if the hazard was created by a non-employee, such as a customer, the claimant must show that there was time enough for the property owner to have discovered and repaired the dangerous condition, or that the hazardous condition occurred with such frequency that the owner should have been aware of its presence. In some instances, a property owner may have a duty to post warnings of a danger (such as "wet floor" signs), but these warnings must be visible and effective in order to be deemed sufficient height or width of the steps.