In general
terms, “slip and fall” accidents refer
to situations where a person is injured
by slipping, or tripping, and falling
due to a dangerous condition on the premises.
Such falls can happen inside or outside
a building, and be caused by such conditions
as bad flooring, wet floors, poorly lighted
steps, or, in the case of outdoor accidents,
weather-related or hidden hazards. An
icy patch outside a door or a crack or
pothole can be the cause of a slip and
fall in a parking lot, for instance.
All slip and fall accidents are covered
by negligence law and deal with the concept
of premises liability. Property owners
have a “duty of care” to see that their
property is safe. This includes insuring
that the building has no structural defects
that could cause an accident, both inside
and out. In some states the property owner
may also have a duty to reduce problem
areas caused by weather. Structural defects
can include: loose floor mats, rugs, or
tiles; water on the floor; badly lit stairs
or steps; cracks or holes in sidewalks
or parking lots. Weather-related hazards
may include standing water and icy spots.
A plaintiff or claimant also has a duty
to exercise reasonable care, so if any
action of yours contributed to the accident,
you may share in the negligence.
If you experience a slip and fall accident,
you should try to determine what made
you fall and if it could have been anticipated
and prevented. If anyone saw you fall,
be sure you get the names and addresses
of all witnesses. Try to note the conditions
in the area – was the lighting poor, was
there some substance that made you slip.
If you did slip because of something on
the floor, try to obtain a sample. Also,
try to get pictures of the area. Report
any such accident to the manager or owner
and insist that they make a record of
it.
It is your responsibility to prove that
a hazard existed and that it was the cause
of your accident. |