Slip and Fall
“Slip and fall” is a term for a personal injury case where a person slips, trips, and/or falls as a result of negligence or a dangerous/hazardous condition on someone else’s property. Property owners may be negligent when they are aware that there is a safety issue and they do nothing to fix the problem or if they have not properly educated themselves on the dangers of different aspects of their property.
Dangerous conditions such as torn carpeting, abrupt changes in floor levels, poor lighting, loose flooring, narrow stairs or a wet floor can cause a slip and fall Outside a building, one may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe.
Slip and fall accidents are the most common type of “premises liability” cases, which center on the question of a property owner’s duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.
Do I have a case?
To win a premises liability claim, we have to prove either, that the property owner or manager created the hazard that led to the accident or that the property owner or manager knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging. We have entensive experience in this area and can evaluate your case at no charge.
The most common causes of action in “slip and fall” cases are:
Structural damages: to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, potholes, cracks, in walkways, loss or broken tiles, or loose ripped or torn carpeting can create dangerous conditions for visitors to a building. You must to prove that the property owner knew or should have known about the problem and failed to correct it.
Occasionally, negligence can be proven by violation of statute. Building owners must ensure compliance with applicable building codes. For example handrails and other similar structures typically must be installed at the proper height. If you fall on a stairway that lacked appropriate handrails, or lightingand the lack thereof caused your injuries, you may have a claim against the building owner for a violation of the building codes.
Weather-related slip and fall: these accidents can be difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, plowing or shoveling snow, salting icy and slippery spots and installing anti-slip devices on outdoor steps. As with other cases, if the landowner does not have reasonable notice of the condition and time to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.
Work-related Slip and Falls: Slip and falls are the 3rd largest cause of workplace injuries. Corporations and employers have a duty to protect their employees from every form of injury. This means that they may need to invest in more expensive materials or equipment and they must consistently monitor any possible hazardous areas in their facility. Employers should also educate all of the employees on safety standards and accident prevention.
What can I do?
If you, or a loved one have been injured in a slip and fall accident, please contact Fiore & Barber, LLC at 215-256-0205 or via email. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries.
Disclaimer: The material contained on this website is afforded for information purposes only. The materials do not constitute legal advice and does not create an attorney/client relationship.