Slip and fall accidents are a common cause of personal injury, second only to car accidents. According to the US Centers for Disease Control, thirty percent of people involved in a slip and fall accident will report an injury. Proving negligence on the part of a property owner is challenging, and these cases are not always easy to win.
Slip and fall accidents occur in a variety of circumstances. Dangerous surfaces, such as those caused by excessive wax or floor polish, by water, snow or ice, or by torn carpeting, may result in a fall. Poor lighting, missing handrails, or debris in a commonly-walked pathway also contribute to accidents and injuries.
Proving liability rests on what the owner or employee should have known. For instance, liability may be proven, if the owner or employee knew, or should have known, about a dangerous surface, and did nothing about it. Plaintiffs will have to prove that a reasonable person would have discovered, removed, or repaired the dangerous condition, in order for the property owner to be liable.
The law provides several definitions for reasonableness. If the injury occurred because of a dangerous spot, that had been on the property for a long time, then a reasonable owner should have fixed the area. If an object was left on the floor, causing a fall, plaintiffs may argue that a reasonable owner would have put the object in a safer place, or erected a simple barrier or warning.
Defendants will often argue that the victim was careless. Sometimes, the injured party has no legitimate reason to be in a dangerous area, especially if adequate warnings are posted. Also, any careless actions on the part of the plaintiff, like running or jumping at the time of the accident, will provide a good defense for property owners.
Property owners should take steps when injuries happen on their property. The most important action an owner must take is to notify the insurance company quickly. If the injured guest is willing to provide a statement, the property owner should write down that statement. If witnesses note that the injured person was careless, the property owner should get the names and contact information for those witnesses. Above all, the owner must fix the dangerous condition immediately, to avoid further incidents.
Prevention will minimize danger of injury. Regular maintenance, including the repairs of defects, and the minimizing of dangers from water, ice, and snow, will prevent accidents and provide a solid defense against negligence. Insurance companies, contractors, or architects may be willing to provide a consultation on possible dangers around the property. However, if a consultation is obtained, property owners will be liable for any information they receive, and any advice they disregard.
Slip and fall accidents are a great inconvenience, both for the injured, and for the owners of the property on which they occur. Taking steps to prevent incidents is a defense against liability, as well as an important community service. If the case ends up in court, plaintiffs will have to prove owner negligence, and owners will have to prove that they took all reasonable steps to prevent injury on their property.
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