Slip and Fall

This type of accident, which causes millions of mild-to-severe injuries each year, always evokes a critical question that is never easily answered: Who is at fault?

Statistics You Should Know:

• According to the National Center for Injury Prevention and Control, more than eight million people were injured in falls in 2004 (the latest statistics available).
• Slips and falls are the leading cause of injury among older Americans.
• Every year, one out of every three American adults 65 years of age or older becomes the victim of a fall.
• Experts estimate that at home and at work, slips and falls are responsible for 10 percent of all injuries nationwide.

Understanding the Law

“Premises liability” is the name of the law that was established to address slip-and-fall accidents and determine fault. This law can differ significantly from state to state and even within different jurisdictions.

Every state also has a “statute of limitations,” or an established period of time in which you can file a claim or lawsuit for slip-and-fall injuries. In some states, you are required to provide notice to a property owner, landlord, or municipality within 30 to 90 days of injury. Consequently, delays can significantly jeopardize your chances of receiving any kind of compensation.

Because each premises liability case is unique, there are no hard-and-fast rules that can be used to determine who is responsible. In essence, each case will be evaluated on an individual basis to establish whether the property owner was negligent in providing a safe environment or if the victim ignored warnings of danger or was careless. 

Unfortunately, the burden of proof always falls on the victim.

Are You a Slip or Fall Victim?

There are five fundamental steps that you must take if you become the victim of a slip or a fall on someone else’s property:

1. Seek medical attention immediately. Many people will wait to see if any injuries they have experienced as a result of the fall will worsen, which is counterproductive to establishing a strong case against the property owner.
2. Save copies of all medical bills that will support your case if you decide to pursue legal action.
3. Record the date, time, and exact location of the fall, as well as any conditions, such as slippery floors or poor lighting, that may have contributed to the accident.
4. Arrange to photograph or videotape the accident site as soon as possible. The property owner may act quickly to make repairs to remove any “evidence” that would corroborate your claim.
5. Contact a personal injury attorney with experience handling slip and fall cases.

Why You Need a Personal Injury Attorney

Because slip-and-fall accidents represent such a “grey area” of personal injury law, it is always in the victim’s best interest to find a competent attorney who is experienced in handling premises liability cases and who should rightfully be held accountable.

If, for example, the injury occurred on a friend or neighbor’s property, a claim may be made against his or her homeowner’s or renter’s insurance company. Individual or corporate property owners may be held responsible for accidents that occur on their premises, while federal, state, or local governments can be held liable for injuries in community parks and other public places.

 A skilled attorney will evaluate the merits of your case by taking into consideration whether or not the property owner exercised a “reasonable” approach to maintaining a clean and hazard-free environment and if and how carelessness on your part may have contributed to the accident and subsequent injury.  

To find a skilled lawyer in your community who specializes in slips and falls, please enter your city name in the grey search box at the top of this page.

Additional information:

http://codi.buffalo.edu 

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE