Accidents involving a slip and fall are among the most common types of liability claims filed against a business or property owner. Although often portrayed on tv and in the movies as funny, the reality of slip and fall accidents is not a laughing matter. This type of injury can result in severe and catastrophic physical injuries, including back and neck injuries, fractured bones, and even traumatic brain injury or damage to the spinal cord. If you've been hurt because of a fall in a grocery store, you may be wondering what is involved in proving a slip and fall case. Read on to learn more.
In the United States, slip and fall accidents are the second most common type of injury. Each year, 15,000 people lose their lives, and many more suffer permanent injuries due to slip and fall accidents. Frequently, slip and fall accidents are caused by hazardous or dangerous conditions that include poorly designed stairways, slippery surfaces, and spills, and improperly maintained sidewalks. Over 70% of slip and falls are caused by environmental hazards encountered in schools, offices, grocery stores, and shopping malls.
Slip and fall accidents can happen anywhere due to unsafe conditions including cracked or uneven sidewalks, spills, icy walkways, broken stairs or handrails, poor lighting, unexpected objects in hallways, or hazards protruding from the ground. The presence of a hazard that caused a slip and fall injury does not guarantee the property owner's liability.
To hold the property or business owner liable for the damages, the plaintiff's legal team must prove the following:
- The property owner was responsible for the factor that caused the slip and fall;
- The property owner was aware of the hazard, and they failed to take reasonable care to fix or correct the issue; or
- The property owner should have noticed or been aware of the hazard and should have fixed it because the cause of the slip and fall had been present for a reasonable length of time.
The unsafe conditions must pose an unreasonable risk to individuals on the property, such that they could not have anticipated the factor would cause an injury accident.
For example, if a cup of water spilled on the floor, but the mess is marked with a caution sign to alert customers of the potentially slippery floor. Should someone slip and fall, since there was sufficient warning for visitors of the danger, it would be hard to prove that the property or business owner was negligent.
On the other hand, if the water is spilled and the business owner or manager is told about the issue multiple times but does nothing, it would be more likely that the property owner would be found negligent if a slip and fall injury occurred. Further proof of the business owner's negligence could be if the spill was caused by an issue that the property or business owner was aware of, such as a broken pipe, and they failed to remedy the issue or warn visitors.
Overall, it must be determined whether the property or business owner took reasonable steps to address a hazardous issue to prove liability. For slip and fall injuries and liability claims involving residential and commercial premises, it will often be up to a judge or jury to evaluate whether the landlord or business owner failed to uphold a reasonable standard of care based on the details of the incident.
What if my actions contributed to the slip and fall injury?
In slip and fall cases, it is common for the property owner to try to use a legal defense to avoid liability by blaming the victim for the accident and the resulting injuries. The defense counsel will try to prove the victim contributed to the accident.
The victim's state of residence determines the comparative fault and negligence system that will apply. For example, in Texas, plaintiffs can recover damages as long as they are not found to be more than 50 percent liable for an accident that led to their injuries according to the state's modified comparative fault system. Therefore, if a jury awards damages of $100,000, but the plaintiff is found to be 50 percent at fault for the accident, the amount would be reduced to $50,000.
Common Locations Where Slip and Fall Accidents Happen
Accidents involving a slip and fall can happen just about anywhere. They can occur in residential and commercial settings, indoors and outdoors. A residential property owner or landlord can be held liable for injuries due to a slip and fall accident. Slip, and falls can cause serious injuries in a location such as:
- Bars and restaurants
- Amusement parks
- Stairways
- Apartment complexes or buildings
- Elevators
- Walkways and sidewalks
- Grocery stores
- Parking garages
- Parking lots
- Retail stores
- Arenas and sports stadiums
- Shopping malls
Please visit our slip and fall page to learn more about this type of accident.
We have experienced slip and fall attorneys ready to help you. Contact us today.
If you have been injured in a slip and fall accident at a residential property or business premises, contact Chelsie King Garza today. She has more than 20 years of experience handling premises liability cases that include serious slip and fall injuries due to unsafe conditions. You might be entitled to compensation for your injuries if the business owner, landlord, or property owner failed to maintain reasonably safe conditions. Contact us online today or call 713-893-8808.
