Slip and Fall

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Slip and falls are a common occurrence that nearly every person has experienced at one time or another, but not every person is lucky enough to fall without injury.  For those that are injured, recovery often involves significant time and money.  Falls have many causes including, unsafe conditions, human intervention, faulty equipment, hidden fall hazards, and others as well.   Depending on the cause, the owner may have a duty to ensure your safety.  In the event you are injured on someone else’s property due to dangers the owner knew or should have known about, you may be entitled to compensation.

In determining premises liability, courts consider a multi-step analysis including (1) the duty of care owed by the premises owner; (2) whether the hazard was known or should have been known; (3) the injury you have suffered; and (4) that the injury was caused by the fall itself.

Duty of Care:

• Invitee:  These are individuals who are on the premises for the owner's benefit.  A common example is a shopper at a store.  A premises owner owes these individuals the highest duty of care.

• Licensee:  These are individuals who are on the premises with the permission of the owner.  An example would be friends and family who have come for a party.  A premises owner owes a duty of care here, but not to the degree owed to an invitee.

• Trespasser:  Someone who is present without invitation or license.  A premises owner owes the lowest duty of care here (but does have some duty!).  A premises owner must not take actions intended to harm trespassers willfully or maliciously.

Known Hazards:

• If a hazard was known or reasonably should have been known (ie. the owner has acted with due diligence), will determine an owner's responsibility for apprising others of the hazardous condition and rendering the premises safe once again.

Injury and Causation:  

• Merely falling, while startling, is not sufficient for compensation - there must be an injury of some type as well.  The final step is to show that there was an injury and that the injury was caused by the fall.  Important:  A fall which exacerbates a prior injury is just as relevant as being injured in the first place!

Given the significant physical and financial burdens a slip and fall injury can have, it is important that you obtain full compensation for your injuries.  A committed and experienced slip and fall attorney will help you navigate the process in order to obtain the outcome you deserve!  Contact us now for a free consultation.