Slip & Fall
Slip and fall is a catchall phrase in used in personal injury cases were person trips and falls causing injury. By the very nature of the claim these falls are on someone else's property or property to which someone has control over. These cases usually fall under the broader category of cases known as "premises liability" claims. Slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the property owner may be held legally responsible.
Slip and falls can come in various settings. Some of the most common would be falling on snow that has not been shoveled, slipping on a product that is falling off the shelf at a supermarket, faulty or broken stairways or a dangerous condition at someone's home. In order to collect any money for slip and fall it would have to be shown that at a minimum some injury with a physical or psychological has occurred.Proving Fault in Slip and Fall Cases
It is sometimes difficult to prove who is at fault for slip and fall accidents. Thousands of people each year
are injured, many seriously, from slipping and falling on a floor, stairs, or other surface that has become slick or dangerous. Even ground that has become uneven to a dangerous degree can lead to severe injuries. However, sometimes it may be difficult to prove that the owner of the property is responsible for a slip and fall accident.Could the Property Owner Have Prevented the Accident?
If you or a loved one has been injured in a slip and fall accident, it may be tempting to seek out justice in the form of a lawsuit as soon as possible. But stop and ask this question first: If the property owner was more careful, could the accident have been avoided? For example, even if a leaking roof leads to a slippery condition that you slip and fall on, the property owner may not be responsible for your injuries if there was a drainage grate in the floor designed to limit slippery conditions. In addition, property owners will not always be responsible for things that a reasonable person would have avoided, such as tripping over something that would normally be found in that location (like a leaf rake on a lawn in the fall). Every person has a responsibility to be aware of their surroundings and make efforts to avoid dangerous conditions.Property Owner's Duty to Maintain Reasonably Safe Conditions
However, this is not to say that property owners are never held responsible for the injuries of others that slipped and fell on their property. Although there is not a cut-and-dried rule, property owners still must take reasonable steps to ensure that their property is free from dangerous conditions that would cause a person to slip and fall. However, this reasonableness is often balanced against the care that the person that slipped and fell should have used. What follows are some guidelines that courts and insurance companies use when determining fault in slip and fall accidents.Liability for Slip and Fall Accidents
If you have been injured in a slip and fall accident on someone else's property because of a dangerous condition, you will likely need to be able to show one of the following in order to win a case for your injuries: Either the property owner or his employee should have known of the dangerous condition because another, "reasonable" person in his or her position would have known about the dangerous condition and fixed it. Either the property owner or his employee actually did know about the dangerous condition but did not repair or fix it. Either the property owner or his employee caused the dangerous condition (spill, broken flooring, etc.).Schedule a Free Initial Consultation.
I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result. If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995. You may also e-mail me Michael@WorcesterPersonalInjury.com or text me. I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience. I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.