What You Need to Know About a Slip & Fall Case

We’ve all experienced the shock of surprise, terror, and fear when we slip or trip and fall on a previously unnoticed hazard. While frequently the thing most injured is our pride, slip and fall accidents can cause some painful and serious injuries with lasting damage. When this happens, it’s imperative to have an experienced attorney help you understand your rights. Here at Weinstein Legal, we’re committed to supporting you after a slip and fall accident.

Falls are the leading cause of emergency room visits in America and they can be serious. The CDC says that while many falls do not cause injury, “one out of five falls does cause a serious injury such as a broken bone or a head injury. These injuries can make it hard for a person to get around, do everyday activities, or live on their own.”

When you slip and fall in a public place you may be able to file a legal claim against the property owners. Property owners of all types have a responsibility to ensure the safety of their property and that hazards are clearly marked. Legal claims for slip and fall accidents may be filed against homeowners, stores, restaurants and even government entities. When a claimant wins a slip and fall case, the settlement will generally go to cover costs related to injuries.

But slip and fall cases can be very complex, which is why if you’re trying to learn how to win a slip and fall case, it’s important to contact a lawyer. In this article, we’ll detail some of the important information you need to know about slip and fall cases and how a lawyer can help you work through the key aspects of a case.

What is Considered a Slip and Fall Accident?

The National Floor Safety Institute (NFSI) says slips and falls account for 12% of fall-related emergency room visits, equating to over 1 million people each year. A slip and fall accident falls under the broader legal claim of “premises liability” where a property owner is responsible for any injuries that may occur on their property.
A slip and fall accident is where a victim slips, trips, or falls on the property for any number of reasons. The NSFI reports most slips and falls occur on wet surfaces, but other common reasons for a slip and fall accident can include:

• Poorly lit areas
• Dangerous stairs
• Slippery floors
• Uneven pavement
• A change in flooring surface
• Unsecured carpeting
• Cracked tiles or sidewalks

These unsafe environments lead to millions of injuries every year and the NSFI says slip and fall accidents are the primary cause for lost days of work. Though some slip and falls may not result in injuries, some common injuries include:

• Head injuries
• Broken bones
• Spinal cord injuries
• Back sprains/strains
• Herniated discs
• Contusions
• Knee injuries

If you’ve been injured in some way from a slip and fall accident, an experienced lawyer can help you understand the value of your claim, how a case will work, and the next steps you should take to bring a claim against a responsible party.

How do slip and fall cases work?

In order to win a slip and fall case, a lawyer must prove both that injury occurred on the property, there was negligence on the part of the property owner, and the injuries had direct financial costs.
When you contact a slip and fall lawyer, they will work with you to gather evidence for the case by interviewing you, contacting witnesses, obtaining security video footage if available, gathering medical documents, and establishing whether or not the property owner was negligent in preventing or warning of the hazard. In slip and fall cases, establishing negligence is the key to any claims a victim will file.

Many property owners will work to blame the victim by saying your own negligence or carelessness caused the accident. Lawyers can work with claimants to prove that the property owner had the opportunity to remove or repair the potential hazard but failed to do so.

One keyword that comes up frequently in slip and fall cases is “reasonable”. Would a reasonable person have identified the danger and did they have enough time to repair it?
Only about 2% of slip and fall cases are actually brought to a jury trial. Most cases settle out of court because, for many, the costs of going to court far outweigh the cost of a settlement. A lawyer can work with you to determine whether an insurance company is offering a fair and reasonable settlement on your case.

How do lawyers prove negligence in a slip and fall case?

There are four factors to prove negligence:

1. the existence of a legal duty that the defendant owed to the plaintiff.
2. defendant's breach of that duty.
3. plaintiff's sufferance of an injury.
4. proof that the defendant's breach of duty caused the injury.

In non-legal jargon, for a slip and fall case, lawyers can prove negligence by showing that the property owner either created the hazard or knew there was a hazard and didn’t repair or warn others about it. Lawyers can also prove negligence if the property owner should have reasonably known about the hazard.

This is why your slip and fall lawyer will work with you to gather as much evidence as possible on your case. A few examples of evidence that can be used to prove negligence in a slip and fall case include:

• Video logs
• Maintenance logs
• Documentation of routine maintenance practices
• Signage documenting and warning of the hazard
• Lighting and visibility
• Adherence to established safety procedures
• And much more.

Another critical piece of evidence to help prove negligence on the part of the property owner is to ensure the claimant was not responsible for their injuries in some way. They need to ensure the claimant was not unreasonably distracted, ignoring or failing to heed warning signs, or unlawfully accessing the area where the injury occurred among other things.

If you’ve fallen and are looking for a personal injury lawyer for a slip and fall case, contact Weinstein Legal. Our team of expert attorneys can guide you through how to win a slip and fall case and support you in bringing a claim against responsible parties.