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How Much Is a Slip or Trip and Fall Case Worth?

Home | News & Insights | How Much Is a Slip or Trip and Fall Case Worth?

• September 22, 2017
• The Dearie Law Firm

When someone is injured in a slip/trip and fall accident , a typical question is “how much is my case worth?”. Unsurprisingly, the answer is “it depends.” No two cases are the same, and the value of each individual case is based on many factors, including the severity of injuries, cost of medical treatment, who was responsible for the accident location, insurance policies, whether the responsible party knew about the condition which caused your fall, and many more.

For example, a person is walking to the subway and slips on ice in front of an apartment building. Was the apartment building a NYCHA building or was it privately owned?  Did the injured person require surgery? Was it snowing at the time of the accident?  If not, when did it last snow?  Did the injured person miss time from work as a result of their injuries?

Or consider a person who trips over a mop bucket left on the stairway in their building.  How long had the mop bucket been left unattended?  Did the building janitor know that the mop bucket was there?  Had other tenants previously complained about unattended mop buckets left on the stairs?  Was there any warning of the mop bucket on the stairs, like cones or caution signs?

These are examples of just some of the many factors that contribute to whether a property owner was negligent, and if so, determining the value of a  slip/trip and fall injury case .

The lawyer at The Dearie Law Firm, P.C. have handled thousands of premises liability slip and fall and trip and fall lawsuits over thirty years, including cases that resolve for six- and seven-figures – cases our New York personal injury lawyers have settled. For instance, we recently resolved a case for $850,000, where a NYC Sanitation Worker tripped over a defective sidewalk in front of a condominium complex.

Slip and Fall Settlement Timeline: Initiating a Claim

As in most personal injury lawsuits, there are critical timing deadlines that must be met in slip or trip and fall cases, so it is important to speak to an experienced attorney as soon as possible after an accident. However, there are certain actions that the injured person should take as soon as possible after a slip or trip and fall:

• File an accident report with the property owner.
• Take pictures of the accident location immediately.
• Get the names and contact information of any witnesses.
• If you think you’re injured, seek medical treatment even if you think the injury may be minor.
• Inform healthcare providers how and where you were injured.
• Record the details of the accident in a journal while they are still fresh in your mind.
• Do not speak to the property owner’s insurance company.
• Contact a personal injury lawyer to find out if you have grounds for a claim and to determine the dollar amount.
• Complete all medical care and treatments as prescribed by the doctor.

If you have grounds for a lawsuit against the property owner or some other party, your personal injury lawyer will start the legal process. The willingness of the property owner’s insurance company to settle the claim will play a major factor in how long it takes to resolve your case.

In some cases, it could take several months to a few years before the case is resolved. Just remember, your lawyers are doing everything possible to reach an acceptable settlement that is in your best interests.

If you were injured in a slip or trip and fall accident and want to find out your rights and if you could have grounds for a personal injury claim, please contact The Dearie Law Firm, P.C. by calling (212) 970-6500 now!

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How to Maximize Your Slip and Fall Lawsuit Settlement Amounts

Slip-and-fall lawsuits are essential to personal injury law, but figuring out how much you could get in a settlement can be challenging.

This article will talk about how to figure out settlement amounts for slip-and-fall lawsuits and how to get the most money out of them. If you know what could happen in a slip-and-fall case, you can decide if you want to go to court against the other person.

Understanding Slip and Fall Lawsuits

Slip-and-fall accidents can happen anywhere, from your home to your place of work. A slip-and-fall accident occurs when individual slips or trips on an object or surface did not level with the ground, resulting in injury.

People who get hurt in a slip-and-fall accident need to know their legal options, such as filing a claim against the person who caused the accident.

What is a Slip and Fall Accident? A slip and fall accident is any incident where someone slips, trips, or falls due to hazardous conditions on property owned by another person or entity.

This includes uneven surfaces, wet floors, slippery walkways, inadequate lighting, broken stairs/steps/handrails, etc., all of which could lead to severe injuries if not addressed promptly.

To win a personal injury claim after slipping and falling, you must show that the property owner was careless by not taking the necessary safety measures. Negligence means not taking reasonable care of others, which means ensuring the environment is safe and free of things that could hurt or hurt others.

It must be shown that the property owner who caused the injuries did not take reasonable care. If both plaintiffs' claims are accurate and valid in court or through an out-of-court settlement agreement, they could get money for the damages they've suffered due to the judgment.

To protect your rights, you must know what to do to file a slip-and-fall lawsuit. With this information, you can figure out how much you can get as a settlement for the damage your accident caused.

Key Takeaway: Dangerous conditions on another party's property, such as wet floors or broken stairs, lead to slip-and-fall accidents. To successfully prosecute a personal injury claim resulting from a slip-and-fall incident, it is necessary to prove that the owner was negligent in maintaining safe premises - thus proving beyond doubt that the injuries were directly caused due to this negligence. Depending on what happens in court or if the parties can agree outside of court, the plaintiffs may be given money as part of the judgment to cover the damages they suffered.

Determining Settlement Amounts in Slip and Fall Cases

When figuring out how much your slip-and-fall case is worth, you should consider how bad your injuries are, how much you spent on medical bills or lost wages, and how much pain and suffering you went through.

The extent of your injuries incurred, medical expenses, and any lost wages due to the accident, in addition to noneconomic damages such as pain and suffering, can affect your compensation.

The settlement range for slip and fall cases can be broad, ranging from $15,000 to $30,000 on average; however, the exact amount may depend on the particular facts of your case.

When figuring out how much you may be able to get in a slip-and-fall lawsuit, the main thing to think about is how bad your injuries are. If someone else's carelessness caused you serious injuries, like broken bones or head trauma, you would likely be able to get more money than if you just got scrapes or bruises.

An experienced personal injury attorney can help you determine how bad your injuries are and how much money you can get from a premises liability case.

In slip-and-fall cases, economic damage, such as medical bills or lost wages, is another critical factor affecting the settlement amount. You may also get more money for losses unrelated to money, like emotional pain caused by someone else's carelessness.

A lawyer who has dealt with these kinds of claims will know how to come up with a fair settlement based on all the evidence brought up in court.

The amount of compensation available in a slip and fall case can be impacted by the severity of injury sustained and any associated costs.

Knowing about these things and gathering evidence to support your claim can increase your chances of getting the most money possible. Moving forward, we will discuss strategies that help maximize your settlement amount in a slip-and-fall case.

Key Takeaway:  Settlement amounts for slip and fall cases are typically based on the extent of injuries, financial losses such as medical costs or wages lost from being unable to work, and other noneconomic damages like pain and anguish. Generally speaking, average settlements for these types of claims range from $15K - $30K; however, this figure can vary depending on individual circumstances. A knowledgeable legal professional can evaluate the pertinent data to ascertain an equitable settlement.

Strategies for Maximizing Your Settlement Amount in a Slip and Fall Case

Getting proof to back up your claim is essential to get the most money out of a slip-and-fall settlement. You should write down what happened at the accident scene, take pictures of any injuries or damage, and, if possible, get statements from witnesses.

Accurately tracking medical expenses and lost wages incurred due to the slip and fall incident can bolster your case when dealing with insurance companies. Having this information will help strengthen your case when negotiating with insurance companies.

Finding an experienced personal injury lawyer could be significant if you want to get the best possible result from a slip-and-fall claim.

An attorney who has handled similar cases in the past will know what strategies are most effective for achieving a fair settlement amount.

They'll also be able to advise on how best to navigate negotiations with insurance companies while protecting your rights throughout the process.

After filing a slip-and-fall lawsuit, talking with the insurance company is often necessary to reach a fair settlement agreement. Having a knowledgeable person represent you during these talks can be helpful.

Your lawyer will be able to protect your rights and ensure that the offer considers all of the damages caused by accident, not just the medical bills.

Frequently Asked Questions (FAQs)

What is a slip-and-fall accident?  

A slip-and-fall accident occurs when a person slips, trips, or falls due to hazardous conditions on someone else's property, resulting in injury.

How do you prove negligence in a slip-and-fall case?  

To prove negligence, it must be demonstrated that the property owner failed to take reasonable care to ensure a safe environment, which led to the accident and injury.

What factors determine the settlement amount in a slip-and-fall case?  

Factors include the severity of injuries, medical expenses, lost wages, pain and suffering, quality of evidence, and legal representation.

What is the average settlement amount for a slip-and-fall case?  

The average settlement amount ranges from $15,000 to $30,000 but can vary significantly depending on individual circumstances.

How can I maximize my slip-and-fall settlement amount?  

Gather strong evidence, accurately track medical expenses and lost wages, and hire an experienced personal injury attorney to represent your case.

Can I still receive compensation if I partially caused the accident?  

It depends on the jurisdiction and the specific circumstances of the case. In some states, comparative negligence laws allow for reduced compensation if the victim is partially responsible.

How long does it take to settle a slip-and-fall case?  

The time it takes to settle a slip-and-fall case varies, but most cases are resolved within a year or two. Complex cases with disputed liability may take longer.

Do I need a lawyer for a slip-and-fall case?  

Hiring a lawyer with experience in personal injury claims can significantly improve your chances of securing a fair settlement.

What should I do immediately after a slip-and-fall accident?  

Document the scene, take photos of the hazard and your injuries, collect witness information, seek medical attention, and consult with a personal injury attorney.

Can I sue a government entity for a slip-and-fall accident?  

Yes, it is possible to sue a government entity for a slip-and-fall accident, but special rules and shorter deadlines may apply.

Interesting Facts

Slip-and-fall accidents are the leading cause of non-fatal injuries for older adults in the United States.

According to the National Safety Council, slip-and-fall accidents account for approximately 8.9 million emergency room visits annually.

Slip-and-fall accidents are the most common cause of workers' compensation claims, and they are responsible for 15% of all accidental deaths in the workplace.

The total cost of slip-and-fall accidents in the United States is estimated to be around $70 billion annually.

Approximately 5% of people who experience a slip-and-fall accident suffer from fractures, making it one of the most severe injuries resulting from such accidents.

Related Studies 

Slip, Trip, and Fall Prevention for Healthcare Workers  

This study provides an in-depth analysis of slip, trip, and fall accidents in healthcare settings, emphasizing the importance of prevention and safety measures. Link: https://www.cdc.gov/niosh/docs/2011-123/

The Role of Friction in Slip and Fall Accidents  

This article discusses the significance of friction in slip-and-fall accidents and how property owners can mitigate risks by maintaining safe walking surfaces. Link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5677274/

The True Cost of Slip-and-Fall Accidents  

This article explores the financial impact of slip-and-fall accidents on individuals, businesses, and the economy, emphasizing the importance of prevention and risk management. Link: https://injuryfacts.nsc.org/work/costs/work-injury-costs/

Fall Prevention Strategies for Older Adults  

This study highlights fall prevention strategies tailored for older adults, including home modifications and exercise programs, to reduce the risk of slip-and-fall accidents. Link: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4151304/ ‍

Liability and Slip-and-Fall Accidents: Property Owner Responsibilities  

This article discusses the legal responsibilities of property owners in preventing slip-and-fall accidents and the factors that determine liability in such cases. Link: https://www.americanbar.org/groups/public_education/resources/law_issues_for_ consumers/injury_property/

You must grasp the possible compensation amounts if hurt in a slip-and-fall accident. The amount of compensation for a slip and fall lawsuit will be determined by various factors such as the degree of injury, lost wages, medical expenses, and other damages.

Knowing how these things are considered when deciding on a settlement amount for your slip-and-fall lawsuit can ensure you get fair compensation for all the losses you've had to deal with because of your injury.

If you or someone you know has been injured in a slip and fall accident, contact  Ryan Hughes Law  today for experienced legal guidance on the best course of action. We specialize in personal injury claims and can help get the deserved settlement amount.

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What You Should Know About Winning a Slip or Trip and Fall Lawsuit

Slip, trip, and fall accidents are more common than you might imagine, happening in stores, restaurants, and even on city sidewalks. In most cases, these accidents are not the fault of the victim, because the law requires buildings, businesses, walkways, and parking lots to be maintained for safety.

However, it can be difficult to prove who was at fault in a slip and fall accident . While you may be able to hold a property owner responsible for damages you incurred on their property, proving a slip and fall case can be challenging. 

Here is everything you need to know to have a chance at getting compensation for your fall.

Slip, Trip, and Fall Accident Injuries

“Slip and falls” and “trip and falls” commonly cause injuries like:

• Head injuries
• Back injuries
• Hip fractures
• Leg or ankle fractures
• Broken arms, wrists, or fingers

A slip and fall accident is caused when an individual slips and falls on a slippery floor. The slippery floor may be caused by ice, water, excess moisture, or another slippery condition.  

A trip and fall accident is caused when there is a defect in the floor such as an unrepaired hole, a protruding board or wire, or uneven flooring or sidewalk.

Both accidents can cause serious injuries, permanent disability, and even death.

Steps to Take if You Were Injured in a Slip or Trip and Fall

If you have been injured in a slip, trip, and fall accident , you will want to take these steps to ensure you get the help and compensation you deserve. 

• Get medical care. In addition to getting the care and treatment you need, your physician can document your injuries. 
• Report your slip, trip, and fall accident immediately to the manager, owner, or landlord, who should document the accident in a written report and provide you with a copy. 
• Collect and document crucial information like the names and contact information of potential witnesses. Take pictures of the location, write out your account of the accident, and keep the shoes and clothes you were wearing at the time in a safe location. 
• Limit communication to the business manager or owner, refrain from posting details on social media, and speak to your lawyer before giving a statement to the involved insurance company. 
• Call an experienced lawyer . Victims of slip, trip, and fall accidents often do not realize how complex their incident may become, so you should call on an experienced slip, trip, and fall lawyer to guide you in getting the compensation you deserve.  

Determining the Property Owner’s Fault

Whether you are injured at work, while vacationing during spring break at a hotel in Florida, taking a walk outside, or eating at your favorite restaurant, there is no denying the severity of injuries that ensue from slip, trip, and fall injuries. In fact, these are some of the most common types of accidents that result in personal injury.

Many things can cause slips and falls, and it can be hard to tell who is at fault. However, many slip and fall legal cases involve the idea of negligence. If a property owner failed to provide a reasonably safe environment, they may be seen as negligent in the eyes of the law.

The issue of liability in slips and falls occurs when an individual is harmed by negligence through security, malfunctioning elevators, or even contaminated food.

Many cases are won by proving a property owner was aware of a dangerous condition, such as torn carpeting or unmarked wet floors, that may have contributed to a slip and fall. 

Target vs Kaufer Slip and Fall Case 

One example is the Target vs Kaufer Slip and Fall Case.

Lazaro Kaufer was shopping at Target when he slipped on some liquid laundry detergent and faced costly medical bills. The testimony at trial showed that an unidentified individual was walking in front of Mr. Kaufer and carrying a bottle of leaking laundry detergent, which Mr. Kaufer slipped on.

Mr. Kaufer and his wife, Katia sued Target for negligence. The jury found Target partially liable for Mr. Kaufer’s fall and awarded him $250,000 in damages and his wife $30,000 for loss of consortium.

However, Target appealed the final judgment, and the eventual conclusion was that Target’s alleged negligent mode of operation (bright stores with high-gloss floors) did not cause the unknown patron to spill the detergent that led to Mr. Kaufer’s slip.

What Needs to Be Proven in a Slip, Trip, and Fall Case?

An individual cannot automatically sue just because they slipped and fell on someone else’s property. For a valid slip and fall case, they must prove:

• Liability (the defendant’s duty): The defendant owned or operated the premises.
• Negligence (notice): The defendant was aware or should have been aware of the condition that may have harmed the public.
• Dangerous condition: The harmful condition was not considered a “minor” issue.
• Damages: The plaintiff sustained injuries because of a dangerous condition.

Guests to a property are expected to show a reasonable amount of caution when moving through space, and reckless and careless behavior on the victim’s part can ruin the grounds for a case.

Collecting Proper Evidence

To win a slip and fall case, lawyers provide evidence that helps clearly establish negligent behavior exhibited by the property owner. This evidence can take many forms:

• A victim must show evidence from a doctor that they sustained injuries from their slip and fall incident.
• Pictures or surveillance videos from the crime scene can be used as evidence of a dangerous condition present at the location.
• Witness testimonies can help eliminate the possibility of negligent or careless behavior on the part of the victim and back up the victim’s claims about the existence of the dangerous condition and the property owner’s awareness of it.

Common Slip, Trip, or Fall Questions

Can i sue the city if i fall due to a cracked sidewalk.

Yes. Improperly maintained sidewalks are a common cause of lawsuits against government entities in Florida. Cracked or heaving sidewalks can be a serious trip hazard and may result in significant injuries.

What Happens if I Slip, Fall, or Trip at a Store?

If your slip, trip, or fall was caused by the store’s negligence, you may have the right to recover compensation against the property owner. You must show that the hazardous condition at the store was not so obvious and open that you should have taken steps to avoid it.

What Is the Statute of Limitations for a Slip, Trip, or Fall Case?

Under Florida law, you have 4 years from the date of your accident to file a lawsuit for a slip and fall injury. If the accident resulted in a death, you have 2 years to file a wrongful death claim.

Winning a Slip, Trip, or Fall Case

The injuries and costs associated with these cases can be incredibly damaging. If you have been injured due to a dangerous condition on someone else’s property, you have a right to compensation for medical expenses, lost income, pain and suffering, and more.

Need help making your case? Contact Florida Slip and Fall attorneys at SteinLaw for a free consultation.

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Brandon Stein is a Florida based trial attorney born in Queens, New York, and was raised in East Brunswick, New Jersey. Being the son of an accountant that owns a large firm in New Jersey, owning and operating a business is something that was engrained within Brandon Stein from a very young age... [READ BIO]

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Slip and Fall vs. Trip and Fall – Know the Difference

Legally Reviewed and Edited by: Terry Cochran

Understanding the differences between slip and fall vs. trip and fall accidents is crucial for your personal injury case if you were hurt in a fall on someone else’s property. Slips and falls often result from slick or wet surfaces, while trips and falls usually occur due to obstacles or uneven flooring. The evidence and legal strategy needed to prove your claim can vary based on whether you were injured in a trip and fall or slip and fall.

At Cochran, Kroll & Associates, P.C., our slip and fall attorneys understand the subtle differences between slip and fall vs. trip and fall cases. We will use our expertise in Michigan premises liability law to gather evidence and submit your claim to help you receive the compensation you deserve.

What is a Slip and Fall Accident?

A slip and fall accident is a type of personal injury that occurs when an individual falls due to losing their footing on a slippery walking surface. These accidents can happen in various settings, from private residences to public places, and are typically characterized by the sudden and unexpected nature of the fall.

Slip and fall accidents can result in a wide range of injuries and are responsible for over one million ER visits annually and 12% of total falls. Some common injuries associated with slip and fall accidents include:

• Fractures and broken bones. One of the most frequent injuries, especially among older individuals, is fractures or broken bones. These can occur in the wrist, hip, arm, or leg. More than 95% of hip fractures are caused by falling, with 300,000 people over 65 hospitalized annually for the injury.
• Head injuries. Slip and fall accidents often lead to head injuries, including concussions and traumatic brain injuries (TBIs), which can have long-lasting consequences.
• Soft tissue injuries. Sprains, strains, and contusions of muscles, ligaments, and tendons can occur, leading to pain and limited mobility.
• Back and spinal cord injuries. Falls can result in serious back injuries or damage to the spinal cord, potentially causing paralysis or chronic pain.
• Cuts and abrasions. Minor injuries such as cuts, scrapes, and bruises are common in slip and fall incidents but can still require medical attention.

Common Causes of Slip and Fall Accidents

Slip and fall accidents often occur due to the negligence of property owners who fail to maintain safe premises. The following are common causes of slip and fall accidents, including hazardous conditions and lack of warning from property owners or managers:

• Wet or slippery floors. When a floor is wet or slippery, it becomes a hazard for anyone walking over it. Property owners have a duty to ensure that floors are dry, clean, and safe to walk on. Negligence occurs when they fail to address spills or wet floors or remove hazards like snow, ice, or puddles, leading to slip and fall accidents.
• Poor lighting. Proper lighting is crucial for visibility, especially in areas where the floor may have liquid spills or other potential hazards. When property owners neglect to provide adequate lighting, it’s easy for individuals to slip on unseen hazards.
• Lack of warning signs. Whenever there’s a potential hazard, like a wet or recently waxed floor, warning signs should be prominently displayed. The absence of warning signs can increase the likelihood of slip and fall accidents because victims are unaware of the danger.
• Improperly maintained flooring. Worn, broken, or poorly maintained flooring can easily become slippery, especially during wet conditions. Property owners who neglect to maintain or replace flooring materials put visitors at risk of a serious slip and fall incident.
• Lack of handrails. Handrails provide stability and support, especially in stairwells or on ramps. When property owners do not provide or maintain handrails where necessary, it can lead to slip and fall accidents because victims cannot grab on for support.
• Cleaning products. The misuse or overuse of cleaning products can leave floors excessively slippery. When cleaning is not performed correctly, or residual cleaning product is left behind, it could create a slipping hazard for visitors.

What is a Trip and Fall Accident?

Trip and fall accidents occur when an individual stumbles or loses their balance and falls due to an obstacle or obstruction in their path. Trip and fall accidents happen when a person’s foot strikes an object or uneven surface, leading to a loss of balance and a fall.

The injuries resulting from trip and fall accidents can vary in severity depending on the circumstances and the individual’s physical condition. Some common injuries associated with trip and fall accidents include:

• Sprains and strains. Trip and fall accidents can result in sprains and strains affecting muscles, ligaments, and tendons, necessitating rest and rehabilitation.
• Fractures and broken bones. Falls can lead to wrist, arm, hip, or ankle fractures, highlighting the impact of unexpected trips.
• Contusions and bruises. Minor injuries such as bruises, scrapes, and cuts are common in trip and fall incidents but can still cause pain and discomfort.
• Head and face injuries. Tripping can lead to head injuries, including facial lacerations and dental damage, resulting in high medical bills and reconstructive procedures.
• Back and spinal injuries. The sudden and jarring motion of tripping can result in back pain or spinal injuries, which can be chronic and debilitating for victims.
• Concussions and TBIs. Head trauma from a trip and fall accident can cause concussions, which may have short-term or long-lasting effects such as cognitive changes and a loss of enjoyment of life.

Common Causes of Trip and Fall Accidents

Trip and fall accidents commonly occur due to hazards resulting from property owner negligence. The following common causes of trip and fall accidents include uneven flooring and obstacles in the walkway:

• Uneven sidewalks or pavements. Uneven surfaces can cause an individual to trip and possibly sustain injuries. When a property owner neglects to address issues like cracked or uneven sidewalks, they increase the risk to visitors or residents.
• Obstacles on walkways. Objects like misplaced furniture, loose cords, or clutter on walkways can create tripping hazards. Failing to keep walkways clear of these obstacles puts visitors at risk and can indicate property owner negligence.
• Uneven flooring transitions. A sudden change in floor height can cause a trip and fall. When a property owner builds or maintains a property with poor flooring transitions or fails to warn about them, visitors may be likelier to fall due to the hazard.
• Torn or frayed carpeting. Loose or damaged carpeting can snag a person’s foot, leading to a trip. The property owner’s failure to repair or replace worn carpeting heightens this risk and can show negligence.
• Inadequate lighting. Poor lighting can obscure vision, making it difficult to see obstacles or uneven flooring, which can cause tripping. This can be due to a property owner failing to ensure adequate lighting to prevent accidents.
• Protruding tree roots. Tree roots that protrude above the ground can be tripping hazards. A property owner’s failure to address these hazards on sidewalks or pathways may result in trip and fall accidents due to this negligence.

Legal Liability of a Slip and Fall vs. Trip and Fall

The legal liability in slip and fall vs. trip and fall cases is based on premises liability. This legal concept holds property owners or occupiers responsible for maintaining safe premises for visitors. While both types of accidents fall under this legal framework, there are differences in how liability is determined in slip and fall vs. trip and fall cases:

• Cause of the hazard. To determine liability, your attorney will look at the cause of the hazard. For a slip and fall, this might mean investigating the origin of the hazardous condition and whether the property owner was aware or should have been aware of it. Liability for a trip and fall might depend on whether the tripping hazard was known or should have been known by the property owner and whether they posted adequate warnings or took corrective measures.
• Duration of the hazard. How long hazardous conditions existed in slip and falls is a liability factor. For example, the property owner might be liable if a spill is left unattended in a busy grocery store for several hours. While the same concept applies to trip hazards, slip and fall conditions are usually temporary and easier to address. For instance, fixing uneven flooring may take longer to repair than cleaning a spill. Your attorney can examine this issue and help determine how the duration of the hazard affects your compensation claim.
• Preventative measures. Attorneys may assess preventative measures taken by the property owner for both slip and fall vs. trip and fall cases. For a slip and fall, they may look at whether property owners took reasonable steps to prevent slipping hazards, such as putting down mats, posting warning signs, or promptly cleaning spills. For trips and falls, they may consider whether the property owner made reasonable efforts to prevent tripping hazards, such as repairing uneven flooring, removing obstacles, or providing adequate lighting.
• Modified comparative negligence. Michigan uses modified comparative negligence for all personal injury claims. This means that both parties can be partially responsible for the accident. The percentage of fault you are assigned can lower your award under this doctrine. Also, you will not receive a damage award if you are more than 50% at fault. Your attorney can help you navigate your claim if you have partial fault. For instance, you were injured at work but failed to wear required non-slip footwear or were intoxicated when you tripped over a cord. Your attorney can investigate where the property owner may still bear responsibility, lowering your percentage of fault to help you get a fair settlement.

What to Do if You Experience a Slip and Fall or Trip and Fall

Experiencing a slip and fall or trip and fall accident can be physically and emotionally distressing. Taking the right steps to ensure your well-being and protect your legal rights is essential. If you are in a slip and fall or trip and fall, take the following actions:

• Seek medical attention. Prioritize your health following a slip or trip incident. Always consult with a medical professional immediately, no matter how minor your injuries seem. Some fall-related injuries, like concussions or internal damage, might not show symptoms immediately. Early medical attention helps in faster recovery and establishes a documented history of your injuries, which can be beneficial should you pursue legal action.
• Report the incident. Inform the property owner, manager, or relevant authority about the incident promptly. Ensure an accident report is filed and secure a copy for yourself. This document can act as a crucial piece of evidence, especially in determining the timing and place of the accident in case of a slip or trip and fall claim.
• Document the scene. Visual evidence is critical to establishing the hazardous condition that led to your accident. If circumstances permit, capture photos or videos of the location where you fell. For slip and fall situations, take pictures of the slippery surface, ice, or other dangers present. In the case of trip and fall incidents, record the impediment or irregular terrain that resulted in your fall.
• Collect witness contact information. If anyone witnessed your accident, collect their names and ways to contact them. Testimonies from these witnesses can support your version of events and shed further light on the unsafe circumstances that resulted in your slip or trip and fall episode.
• Consult an attorney. Speak with a personal injury attorney with expertise in slip and fall or trip and fall cases. Our slip and fall attorneys at Cochran, Kroll, & Associates, P.C. can help you understand your legal rights and pursue compensation for your injuries.

What Four Elements You Must Prove in a Slip and Fall or Trip and Fall Case

In slip and fall or trip and fall cases, establishing liability and seeking compensation typically require proving four key elements. These elements are essential to demonstrate that the property owner or occupier was negligent and should be held responsible for your injuries and losses:

• Duty of Care. It’s vital to determine that the property owner is responsible for keeping the premises safe for you. How you were on the property—be it as a business visitor, a casual guest, or an uninvited individual —determines the level of this responsibility. Your lawyer can help define your legal standing on the property by reviewing invitations, contracts, tickets, or purchase records indicating your reason for being there. We may also use witness accounts to verify your presence and determine the care duty you were entitled to under the premises liability law.
• Breach of Duty. You must demonstrate that the property owner failed in their duty, such as neglecting a spill or not repairing a damaged walkway. Your lawyer will collect and showcase evidence highlighting the owner’s disregard for maintaining safety. This evidence can encompass maintenance logs, security camera recordings, or testimonies from witnesses. This proof can indicate a recurrent oversight or a one-time act of negligence, like overlooking a recognized danger. For example, time markers on security footage might illustrate that a spill was left unaddressed for an unreasonable duration, leading to a dangerous situation that resulted in your fall.
• Causation. It’s essential to link the property owner’s negligence to your mishap and injuries. To establish this causation, your attorney might collect medical documents and incident reports and seek specialist opinions to draw a clear connection between the unsafe environment and your harm. In collaboration with your legal team, including partner attorney and registered nurse Eileen Kroll , they will consult medical professionals to explain how the premises’ conditions were behind the accident and your injuries. Eileen can use her background in the medical field to bolster this connection and accurately assess your current and future damages.
• Damages. It’s crucial to illustrate the setbacks you’ve encountered due to the accident, including medical expenses and missed earnings. Your lawyer will gather all health records and other proof to highlight your losses and assist in securing maximum compensation. This may encompass economic damages, representing the quantifiable expenses you’ve experienced, derived from medical invoices, W2 forms, and other related bills. Your compensation might also account for non-economic damages like pain, anguish, and emotional turmoil. We’ll use medical reviews, psychological appraisals, and personal accounts to depict your suffering and substantiate the compensation claim.

Seek a Fair Settlement With Help From Cochran, Kroll, & Associates, P.C.

Whether you were hurt in a trip and fall or slip and fall accident, you deserve financial compensation for your injuries caused by someone else’s negligence. Our experienced attorneys at Cochran, Kroll, & Associates, P.C. have the legal skill and knowledge to aggressively represent your interests in a slip and fall claim.

We can help you receive a settlement that covers the full extent of your injuries. Contact Cochran, Kroll & Associates for a free consultation for your slip and fall vs. trip and fall claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

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Don’t let the value of your trip/slip-and-fall case slip away

Your litigation plan must include establishing client credibility in addition to liability and damages.

For those of us in the personal-injury arena, the vast majority have come across a slip or trip-and-fall case. These cases can pose serious challenges; however, with a proper work up, they can yield fantastic results.

For one reason or another, of the very few cases where I have had client-credibility issues, nearly all originated from slip or trip-and-fall cases. While I am not implying that every client who walks in your door from a fall is lying, you must do your due diligence up front. Every case I take, I work it up with the thought that it will end up in front of a jury. Subpoena all medical records of any doctor they have visited, comb through their medical records, and run a claim check to see what lawsuits they have filed. Be up front when you first meet your clients and tell them that if they are not forthcoming about how the incident occurred or any of their prior medical issues, their case could very well end up being a zero or a jury could provide them with a fraction of the case value even if they have a legitimate claim and are really hurt. If there is one thing a jury dislikes, it is a plaintiff who is not forthcoming. Jurors will invariably punish you for a client who lies.

Your first meeting with your clients should not be your last. You should spend time with your clients at home with their friends and family. I always insist on breaking bread with my client at some point before the deposition and absolutely before trial. Take the time to learn your client’s personal history; you will be amazed at what you will learn and how that will change how you feel about your client. If you are not ready to go to bat for them after that, then you need to seriously consider associating in another trial attorney or dropping the client.

I know I make snap judgments of my clients and quickly begin to assess the value of the case based in part on my client’s character. This kind of thinking can be hurtful to your case and your practice. As good as I think my intuition may be, it is a mistake to rely on those snap judgments. My client is more than just a number and it is crucial that I see my client’s true value as a human. For starters, no individual is perfect, which is why it is important to look past the client’s so-called character defects. Some people think that if their plaintiff has a checkered past with the law or has had substance-abuse problems, that automatically makes the case less valuable. That is not necessarily true. Criminal-defense lawyers have the ability to find the most redeeming qualities in their clients. If they can bring out the best in their defendants, we surely can do it with our plaintiffs. All it takes is a little time and compassion. After all, we are in the business of helping people.

Pre-litigation

As soon as you learn of the slip-and-fall incident send a preservation-of-evidence letter to the entity where the incident took place. Grocery stores and retail establishments are notorious for “losing” video surveillance of your client and of the incident. You need to be prepared to fight this issue. If you have never sent a preservation letter, you can find a sample on CAALA’s listserv. You want to set up the defense for a spoliation-of-evidence issue before or at the time of trial. I can count the cases on one hand where the defense actually provides the video of the incident.

Site inspection

You do not have to give defendant notice of a site inspection. I prefer to send my expert to the site of the incident without the defendant knowing. There is nothing improper about a covert inspection. The element of surprise may yield useful information before the defendant takes subsequent remedial measures. Evidence from these inspections is absolutely admissible. If applicable, make sure the expert takes all necessary photos, measurements, and testing. Of course you run the risk of having your expert removed from the site, but this has yet to happen. If you have a good expert, then he or she should have no problem conducting the covert site inspection. In addition to having my expert go on a “non-noticed” site inspection, I also want them to go on a noticed site inspection where I specifically request to see the video surveillance room and each video monitor for all cameras in the store. I want to know exactly where any and all cameras point in the store. The most common defense argument other than we “lost” the video or it was “overwritten” is that the camera where the incident took place “did not capture” the area where the plaintiff fell. If you have a slip-and-fall incident make sure to consult with a safety expert to determine whether floor testing should be conducted. The vast majority of the time, if the floor is not slippery when the substance is on the floor, then you may have serious issues with liability.

Depositions and discovery

Before any depositions I propound focused discovery asking for all safety manuals, sweep sheets, timecards, policies and procedures manuals, videos of the incident, the plaintiff, and employees conducting their sweeps, prior history of customer or employee injuries, or anything that the defendant uses to train or instruct its employees on safety, inspection, repair, maintenance, and preservation of evidence. I have yet to find a defendant who has actually produced all of the material in their possession as requested in discovery. Follow up with a meet and confer on these issues and be prepared to file a motion to compel. If you are in Los Angeles Superior Court you will have to go through an informal discovery meeting short of filing a formal motion.

Some people like to take a minimalist approach to depositions and the number of employees they depose. I think it is important to depose any employee with information about the incident as well as the person most knowledgeable about all policies relating to maintenance, inspection, repairs, safety, video surveillance, asset protection, and personal injury claims. There may not be a person for each of those positions and often times there is overlap from the above positions. These depositions can produce a plethora of useful information you can use to settle your case or inflame a jury during trial.

It is important to videotape the depositions of employees so you can use it at the time of trial. If you are low on funds, you can set up your own camera and videotape the deposition. You can do this for any employee or witness other than experts. With experts, you need to hire a professional videographer.

I study all of the discovery that the defendant produces and draft focused rule statements, starting from a very general rule to more specific rules. There are several pieces of literature that advocate for using this strategy, most notably by attorney Rick Friedman. If you study the handbooks and manuals produced by the defendant, you will be able to lift rule statements directly from the book. I also take a “pop quiz” approach in my depositions to set up defendant employees. I try to test the employee or person most knowledgeable (PMK) by asking them about all the rules that the defendant had to follow in the incident involving the plaintiff. It is amazing how little employees know about their stores and how they operate. The purpose of doing this is to set up the defendant and show that their employees are poorly trained and do not know how to implement the most basic rules that are in place to keep the corporate store safe. After quizzing the defendant employee, I then ask whether he or she agrees with my rule statements. Almost always, the employee agrees with each of the rule statements. Later at trial, I can show a jury every rule the defendant violated and point to that as the cause of the plaintiff’s injuries. These are important because the jury instruction only requires the defendant to act reasonably. The word “reasonable” is ambiguous on its face and its meaning changes depending on the situation. Rule statements also help concretize the negligent act.

If there is no video of the incident, you must question the defendant’s employees and person most knowledgeable on the issue. You may get a host of answers all of which are attempts by the defendant to skirt the issue. Make sure to ask the “who,” “what,” “when,” “where,” “why” and “how” questions and continuously follow up during the deposition. Nearly all corporate entities have a procedure in place where they must obtain the video and then send it to corporate headquarters. It is very rare that you will get an employee to admit they destroyed the video. Nearly all of the time, you need to find the person that was in charge of preserving the video and question him or her on the issue and bring up the preservation letter you sent when you initially got the case along with discovery responses indicating there is no video.

Notice of the dangerous condition

Sweep sheets, timecards, video footage of cleaning, oh my! Does your case have a sweep sheet that was signed one minute before the incident? Is this one of those anomalies where the defendant actually produces a video of their employees sweeping or your client taking a spill? Don’t worry because the defendant may still be on notice and liable.

Let’s start with the sweep sheet. First, sweep sheets, as we all know, are very easy to fabricate. There was a recent case where a defendant produced sweep sheets, claiming they swept the floor every thirty minutes. They actually produced video footage and no employee was seen sweeping or walking the floor for hours. Instead, the employee who signed the sweep sheet was busy on her phone in the office. This happens all too often, so don’t worry if the defendant produced a sweep sheet; it may not necessarily prove anything. You can also cross- reference the timecards with the sweep sheet. There have been instances where the person signing the sweep sheet does not match up with the time he or she worked; that’s another nail in the coffin for the defendant.

Now, assume the worst-case scenario where defendant produces a video showing an employee sweeping the area, a few minutes later a customer spills water on the floor, and your client is seen walking by the water, slipping and hitting the floor. The defendant will claim there is no way they could have known of the dangerous condition and they did everything reasonable to prevent the dangerous condition. There is one major way to overcome this scenario, but you have to establish a few things.

First, the floor must be slippery when wet. Have an expert go out and test the condition and determine the type of flooring the defendant uses. Some stores actually have slip-resistant floors, but the vast majority does not. Second, you must establish in deposition or discovery that employees have knowledge that water or other substances regularly get on the floor. You should also be able to get a history of past slip or trip-and-falls where an employee or customer fell on water or another substance. Most defendants will not produce this during your initial discovery requests, but follow up when you paper them with a motion. This proves that the defendant knows their floor gets wet and that it has happened before. The key here is that the defendant knows the following: 1) their floor is slippery when wet and is thus a dangerous condition; 2) they know they have had prior incidents where people have slipped on water; and 3) they choose to maintain a floor which is not slip resistant when wet.

If you hire a qualified expert, they will be able to testify that the defendant’s floor was dangerous and no inspection system would be sufficient to alleviate that danger to customers and employees. The proper action by the defendant would be to maintain slip resistant floors. The cost of changing a corporate entity’s floor is generally significantly less than the cost of your plaintiff’s injuries. The key to this argument is that you shift the notice and dangerous condition from the particular spill to the entire flooring.

Jury selection

Everyone has their own style and method for voir dire; however, there are a few key themes that you need to address. Responsibility is one of the biggest themes in these types of cases. You essentially have a big corporation that is refusing to take responsibility, cutting corners, and putting innocent customers in danger. Feel free to talk to jurors about their general expectations of safety for the various stores in which they shop. They will be forthcoming about what they expect and many of them will provide insight on how to prove your case. Some stores or companies are seen in a negative light by jurors while others are jurors’ favorite place to shop. I have been concerned about this issue before, wondering if jurors will give the defendant corporation a free pass because they “love that store.” Rather than panicking, you should be prepared to deal with this issue. One approach is to agree with the juror and let them know that you in fact love the store as well, which is why it is so concerning. The last thing you would want is this to happen to you or anyone else that loves these stores. If in fact one of these stores happens to be breaking the rules, it would actually be in all our benefit that the store shape up and take responsibility. Since we all shop there, we should help hold the store accountable when it fails to take responsibility. We want it to be safe for our families when they shop there and to walk out in the same condition as they walked in.

I have always believed that the majority of cases are won after opening statement. This is no different in premises-liability cases. One important component is setting up the dichotomy of good versus evil. It is crucial that you show all the ways the corporation knew it was violating rules, cutting corners, and refusing to accept any responsibility. You can list a few of the most important rules that they should follow and include industry standards and their own policies and procedures. If they played hardball and “lost” the video or failed to document critical information, punish them for that in opening. Talk about your client in opening and discuss his or her goals. What were they going to do with their life had defendant not been careless? But for the defendant’s careless actions, the plaintiff would be on their way to completing his or her dreams. Understanding those goals and dreams and the value of them comes from learning your client. As I mentioned earlier, this is an ongoing process and you should be prepared to speak about your client’s dreams as if they were your own.

If you videotaped the deposition of the defendant’s employees, then you can play them during your opening. Make sure you give opposing counsel proper notice and the page and lines you intend on playing at opening. Most of the time, witnesses are not as prepared for deposition as they are for trial and it shows. Facial expressions and awkwardly long pauses are sometimes worth a thousand words and have a greater impact on a jury than the witnesses’ testimony at trial.

Attack the defendant’s experts. The reason the defendant hired experts is to attack your client’s credibility and avoid responsibility. Liability experts are there to establish an excuse for the defendant’s conduct and you must address that in opening. As for damages experts, particularly medical experts, regardless of the medicine behind their opinion, they are ultimately saying the plaintiff is not as hurt which is another way of implying your client is lying.

I generally call the defendant’s employees in my case and chief right from the start so I can establish all the bad acts and broken rules. With each employee witness, establish all the important rules the defendant must have followed and show the jury how the defendant broke each and every rule. One of my favorite questions to ask employees is whether they learned anything from the incident. It is a double-edged sword because if they answer in the affirmative, then we know they failed to do something; if they deny it, then the jury will punish them for being disingenuous. You have to make sure to address any missing video, hidden evidence, or discovery abuse. These bad-faith acts by the defendant only anger jurors and establish the defendant’s betrayal.

This is the time to go over what actually happened during the trial. Do not just rehash what you said in opening. Make sure to address the verdict form and go over the jury instructions. If the defendant claimed they lost or misplaced the videotape or provides some other dubious excuse, you have to make sure you use the following CACI jury instructions: “203 Party Having Power to Produce Better Evidence” and “204 Willful Suppression of Evidence.” If you were unsuccessful at getting terminating sanction for the lost or misplaced video before trial, you will almost certainly be able to get a jury instruction for willful suppression. It is imperative that you discuss these instructions with the jury and inform them that the defendant could have absolved themselves from liability had they just shown us the video. We all know that if someone was caught stealing, even if it was for a pair of underwear or a can of soda, they would have the video. When it comes to asset protection, they are on top of it, but conveniently lose the video when your plaintiff gets hurt. Hit them hard for this and hammer it home throughout the trial, not just in closing.

Premises cases lend themselves wonderfully to community arguments without violating the so-called “Golden Rule” argument. Address this issue once again as you did in voir dire and opening. We want the stores and places we visit to be safe for everyone, including the healthy and disabled, weak, and strong, as well as the young and old. If a corporation wants to make money off the people in our community, then it must play by the rules and the only way they will listen is with a jury verdict.

Thomas Steven Feher

Thomas Steven Feher is an associate trial attorney at The Simon Law Group, LLP . In just under three years he has tried over a dozen cases, including auto-accident cases, dog bites, premises-liability cases, and products liability. Thomas received his J.D. and Certificate in Dispute Resolution from Pepperdine. Before law school he obtained a Bachelor of Arts in psychology, political science, and philosophy from the University of California, Santa Cruz.

Copyright © 2024 by the author. For reprint permission, contact the publisher: Advocate Magazine

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Slip and Fall Settlement? Here Is Our Complete Guide to Slip and Fall Settlement Amounts.

Slip and Fall Settlement? Here is Our Complete Guide to Slip and Fall Settlement Amounts .

The Centers for Disease Control and Prevention says that more than 800,000 people are hospitalized each year as a result of a fall. Slip and fall lawsuit settlements amounts are calculated based on the costs incurred for treatment. Your attorney may also account for other indirect costs.

These include the costs of long-term effects like lost time from work, disability, and dependence on others. Slip and fall lawsuit settlement amounts may, for example, add up to $30,000 for hospital bills alone. The cost of treatment is more expensive for older patients than for younger ones.

Millions of people over 65 years are treated for falls annually.

Most of these patients suffer a head injury or a broken hip. Treating slip and fall injuries are among the most expensive conditions to treat. Injuries caused by falls cost approximately $13 to $14 million  each year.

Slips and falls that happen at the workplace should be compensated for by the employer.

Keep on reading to learn more!

Different Types of Injuries

Slip and fall lawsuit settlement amounts are awarded for different categories of injuries. Some injuries might be minor, causing small bruises and bumps. Other injuries can be fatal, causing permanent disabilities. Some of the common injuries are as follows:

Neck and Back Injuries

Slips and falls can lead to dislocated disks in the spinal column or along the lower neck. It may also lead to chronic pain that can only be treated through surgery. In extreme cases, neck and back injuries can result in debilitation, rendering a person physically incapacitated.

Head Injuries

One of the reasons slip and fall lawsuit settlement amounts can be high is if the fall causes brain damage. Head injuries can cause concussions and trauma. Where there’s brain damage, the patient may develop problems with memory and mobility.

Head injuries fall into different categories. If the skull cracks or breaks, that is referred to as a penetrating head injury. Internal head injuries are more difficult to diagnose, especially if the skull is not damaged.

Closed head injuries occur from high impact or blow. The brain is very delicate, and damage that arises from a fall can last a lifetime. Loss of bodily functions and motor skills can create personality disorders like quick-to-anger responses.

Any person who suffers a traumatic brain injury as a result of a fall should seek compensation. This is because it may take them many years of therapy and treatment to recover. The factors mentioned are some that’ll determine the slip and fall lawsuit settlement amounts a patient gets.

Pelvic Injuries

Most of the slip and fall cases revolve around the elderly. They, therefore, result in broken bones in the pelvic area. Most of the patients also end up with broken hips. The injuries usually require invasive surgery and may call for an extended stay in a nursing home.

Tendons and Ligaments Breakages

The first response of any falling person is to try to catch themselves. This type of jerking can prevent a fall, or make injuries worse. When the knees or elbows suddenly move out of their normal range of motion, a tendon or ligament could tear.

Torn ligaments or tendons don’t easily heal unless they are treated with surgery and physical therapy. In extreme cases, a graft or replacement tendon must be used to hold the joint together. Recovery takes longer, and the patient may suffer life-long consequences.

What Determines Slip and Fall Lawsuit Settlement Amounts?

When suing for a slip and all injury, the case will only make sense if its value is high enough. The jury will have to make enough consideration whether the slip and fall lawsuit settlement amounts will be beneficial to you. How much remains after paying the attorney and does it justify the long court process?

A lawsuit is filed when a plaintiff and the defendant can’t reach a settlement agreement. Some of the reasons for failure to agree are high lawsuit settlement amounts demanded by the plaintiff. On the other hand, the defendant’s insurance company may not want to offer a reasonable price.

Lack of agreement may see the plaintiff go to court for settlement. The situation is risky for both parties as one might win while the other loses. Here are some factors that determine slip and fall lawsuit settlement amounts.

Negligence is a disregard for the safety of other people. It arises when a person fails to act reasonably or as expected of them. The jury assesses whether or not a reasonable person would have been able to identify the dangerous situation and improve it to avert injuries.

If the response is in the positive, the liable party is considered negligent.

Alternatively, the jury may also determine if the liable party is responsible for the risky situation. Conditions like poor lighting, inhibited visibility, and lack of justification all contribute to negligence. The burden lies on the plaintiff to prove that the liable party could have taken specific action to prevent the accident.

The complainant must also provide proof that if the obstruction was justified, no preventive measures had been put in place. The facts presented will be the basis of the affirmations necessary to determine the degree of negligence.

Liability in a slip and fall case occurs only if the defendant has legal responsibility for the property. They’re also responsible for all the occurrences that happen on the property. In most cases, a property owner assumes liability unless they have insurance that absolves them from that liability.

In a case where an insurance company is involved, the plaintiff sues against the company and not against the insured.

Plaintiff’s Innocence

Some conditions might pre-exist before a slip and all accident. The plaintiff must be found guilt-free from any of those conditions. If the plaintiff is found to be party to the conditions that caused the injury, a portion of the liability is ascribed to them.

This, therefore, means that the property owner can’t assume full responsibility for the injury. In some states, the jury won’t award a settlement to a plaintiff who’s partially responsible. Such states operate under contributory fault laws .

Contributory negligence refers to behavior that poses an unreasonable risk to the self. The law holds that every person has a responsibility to act reasonably. Failure to do so in the case of an accident will means that liability is transferred to the plaintiff, partially or entirely.

During the lawsuit, the defendant can assert a contributory negligence claim against the injured. If the defendant can prove the plaintiff’s liability, the jury may bar the plaintiff from recovering full damages. As a plaintiff, therefore, ensure you’ve got no involvement whatsoever in the cause of the slip and fall accident.

Compensation Categories

Once the jury has proven that the plaintiff should be compensated, compensatory damages are awarded. The type of award the court settles for are deemed non-monetary, and they include

• Mental anxiety
• Pain and suffering
• Loss of companionship

Where the injured person incurs monetary expenses, special compensatory damages are awarded. This is to make the plaintiff restore or regain their financial situation before the accident happened. Some of the costs covered in the award are attorney fees, medical bills, household bills, and future medical bills.

All in all, the above factors must first be established before the award is issued.

What to Do in a Slip and Fall Accident

If you want to increase your chances of being compensated after a slip and fall accident take action immediately. You’ll be better placed if you report the incident to the property owner directly. Record it in the accident book and take photographs of the area if possible.

If there are witnesses present, take their details. Make sure to notify the health and safety representative of your workplace. All the receipts you obtain for the expenses you incur in treatment-related costs should be well preserved.

Remember there’s a strict timeline for all types of compensation claims. You should begin the claim process within three years after the slip and fall accident. To ensure you don’t delay, you can contact an attorney to kick-start the process or you.

Remember that the details of the slip and fall accident aren’t always as straightforward as you think. Give the attorney enough time to do their due diligence before they can take up your case and complete a slip and fall settlement.

Final Thoughts

Slip and fall accidents can be fatal. If you don’t suffer minor accidents, you may sustain long-term complications. Whatever the impact of the fall, your life will be disrupted in one way or another.

When seeking compensation for the damages, it’s ideal to have an attorney represent you. An attorney will ensure you get the appropriate slip and fall lawsuit settlement amounts. Long before your case gets to court, an attorney can advise you on the right procedure.

Before you go the court way, check to see that you’re not at fault in any way. In some cases, if you’re found liable for the accident, you won’t be awarded any compensation amount. Whether you’re at the workplace or anywhere else, stay safe to prevent slip and fall accidents.

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Back to the Basics: Slips, Trips, and Falls 

By Motivated Marketing

Whether you are strolling over to a neighbor’s house for a morning coffee or simply walking into the conference room for a staff meeting, even the smallest hazard can cause a major accident – and a potentially life-changing injury. A slip, trip, and fall can occur anywhere, at any time. In fact, falls account for over eight million visits to the emergency room each year, proving how incredibly common these types of accidents are.

Handling all that comes after a slip-and-fall accident can be challenging, but you don’t have to tackle the tasks alone. Our slip-and-fall attorneys in Charleston can help. At Hoffman Law Firm , we believe an unexpected injury from a slip and fall accident should not interfere with your daily life – or leave a lasting impact on your future. Keep reading to learn more about slips, trips, and falls, and to discover how our personal injury attorneys can help in the aftermath of an accident. 

Know the Difference Between a Slip, a Trip, and a Fall 

Understanding the difference between slips, trips, and falls is key. While they are often mistakenly used interchangeably, the terms are quite different in their legal definitions. For instance, defining an incident as a “trip-and-fall” can have a very different impact on your claim than a “slip-and-fall.” 

Our experienced slip-and-fall lawyers near you can help accident victims understand the legal jargon – and when to use which terms – to maximize compensation. Here’s what you need to know:

Slips 

A slip is defined as a loss of balance caused by too little traction between your feet and the surface beneath them. Slips and falls are the leading cause of Workers’ Compensation claims, according to the National Floor Safety Institute. Although they aren’t a primary cause of fatal workplace injuries, they do represent the primary cause of lost days from work. 

Trips 

A trip occurs when your body is moving with enough momentum that, when making direct contact with an object, you are thrown off balance. You are more likely to trip if you are in a hurry and are not paying attention to your surroundings. 

A fall is the direct result of a slip or a trip, occurring when your body moves too far off its center of balance and cannot regain a sense of equilibrium.

The Potential Hazards Behind a Slip and Fall Accident 

From the job site to the living room, there’s no shortage of dangerous conditions that can cause a slip and fall accident. The risk of falling increases with age, as older individuals experience more limited mobility.

According to the National Floor Safety Institute , one in every three persons over the age of 65 will experience a fall every year in the United States. While some of those falls may arise out of sheer happenstance, others may leave the door open for compensation. 

Slip and fall accidents typically occur on: 

• Wet or freshly mopped floors.
• Cracked sidewalks or pavement.
• Broken stairs or stairs with broken handrails.
• Torn carpeting
• Uneven flooring
• Newly waxed or cleaned hard floors.
• Water overflows on hard surfaces. 

A trip and fall accident, on the other hand, typically occurs with items that have been left behind or on uneven surfaces. For example, a child leaving their toys on the floor or an uneven sidewalk is a recipe for disaster if you aren’t paying attention.

Common Injuries in Slip, Trip, and Fall Accidents 

Hitting the ground unexpectedly can cause a variety of injuries, from simple to severe. With the potential to cause long-term complications or permanent disabilities, injuries from a fall should not be ignored. 

While both result in a fall, slips and trips can have entirely unique injuries. For example, slipping on a wet floor may produce different injuries than those resulting from a trip on a torn carpet. 

Common injuries seen in slips, trips, and fall accidents include: 

Sprained ankles: Misalignment of your foot with your leg can put serious pressure on the ankle joint in the midst of a slip. It can lead to damaged ligaments, tendons, and bones in the ankle, causing an injury that can leave you unable to walk unassisted for months at a time. 

Shoulder, elbow and wrist injuries: The natural reaction during a fall is to brace yourself for impact by putting your arms out in front of you. The pressure of your arms can cause broken/ sprained wrists, shoulder dislocation, and other injuries to the nerves and tissue. 

Traumatic brain injury: The victim’s head colliding with the ground can potentially cause life-altering injuries. The most mild form of a traumatic brain injury, or TBI, is a concussion. Symptoms of a concussion can include headache, confusion, dizziness, and more. The most severe form of TBI, however, is a hemorrhage or skull fracture. 

Spinal cord and neck injuries: A fall can be debilitating, especially to the neck and spinal cord. Symptoms of spinal cord and neck injuries can vary greatly, from painful, limited mobility to partial paralysis. 

If you have suffered a slip-and-fall, it is important to see a doctor immediately to not only document that your injuries are a direct result of the fall, but to ensure that you get the proper care.

Suffered an Injury from a Slip and Fall Accident? Contact Hoffman Law Firm Today. 

Slips, trips, and falls can go from inconvenience to debilitating if not handled properly. Because we believe that a wet floor or torn carpet should never be the deciding factor in your future, our knowledgeable team is ready to help. Here at Hoffman Law Firm , we’ll guide you through the legal process following a slip-and-fall. 

Plus,  you only pay us if we win  your case .

If you’ve been injured, reach out to a slip and fall attorney near you. Our Charleston law firm of skilled South Carolina attorneys is standing by, so schedule your free consultation today!

Our personal injury law firm offers trusted legal representation right here in the Lowcountry, including these practice areas: 

Slip and Fall

Wrongful Death

Brain Injury

Spinal Cord Injury

View All Practice Areas

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Comparative Negligence: The Balance of Blame

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Personal Injury Lawsuit: Definitions of Common Personal Injury Terminology

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Differences Between Trip and Fall and Slip and Fall Claims

Matthew Carter, Esq.

Matthew has been a licensed attorney since 2004. He was awarded the Martindale rating of AV – Preeminent. This is given to attorneys ranked at the highest level of professional excellence by their peers.

Here’s how a trip and fall differs from a slip and fall, and what that means for your personal injury case. Protect your legal rights to fair compensation.

Slip and fall accidents and injuries, trip and fall accidents and injuries.

• Who Pays Slip or Trip and Fall Claims?

Pursuing Payment for Fall Damages

At first glance, you might think that “slip and fall” and “trip and fall” mean the same thing.

In legal terms, “trip and fall” describes a different type of incident with a different type of injury. The differences can change your legal claim.

Slip and falls are caused by slick surfaces and victims usually fall backward.

Trip and falls are caused by obstacles that trip up a person and make them fall forward or to the side.

As with all personal injury claims, the value of a trip and fall case largely depends on the specific facts of the case.

Slip and fall accidents usually happen when the floor or ground is made slick or slippery. When you put your weight on the slick surface, your feet slide out from under you and you typically fall backward, onto your bottom, hips, or your back.

These kinds of falls can result in serious injuries to your head , neck , back , and various other body parts. Common causes of slips and falls are snowy or icy sidewalks, a wet floor, or some other slippery surface.

Case Example: Icy Parking Lot Causes Slip and Fall Injury

Paul was staying at a big hotel with a private, secured parking lot for guests. It’s the busy holiday season, with parties and business conventions booked every day. However, it was a bad winter with frequent ice and snow storms.

Paul’s company hosted a business conference at the hotel. One evening, Paul was carrying a box of conference materials as he headed to his car. The parking lot was still covered with snow from the night before.

Because of the snow cover, Paul didn’t see the icy patches on the untreated parking lot.

He slipped and fell, slamming the back side of his head and body to the asphalt. A concussion and dislocated shoulder kept Paul out of work for several weeks.

Trip and fall accidents happen when there is some kind of obstruction on the floor or ground. This dangerous condition, known as a “tripping hazard,” can catch someone’s foot or leg while they are walking or running.

The momentum of a trip and fall accident usually results in the victim falling forward and suffering an injury.

Trip and fall accidents tend to injure different parts of the body. Hands, arms, knees, elbows, and the face can all be potential areas for trip and fall injury claims.

Case Example: Jury Awards $3 Million in Trip and Fall Case 

Lynda Sadowski was walking through the Jack Casino when she tripped over a flattened Wet Floor sign, falling forward and fracturing her kneecap. Her knee required surgical repair and left her with diminished mobility.

Casino security film showed that another customer had knocked over the sign earlier. Moments before Sadowski’s fall, a casino employee walked around the flattened sign without picking it up.

The casino argued that Sadowski wasn’t watching where she was going. Sadowski’s attorneys argued the casino “failed to use ‘ordinary care’ for Sadowski’s safety and failed to maintain a reasonably safe environment, resulting in the injury.”

The jury agreed with Sadowski, awarding $3 million for her injuries and pain and suffering.

Sadowski vs. Jack Casino

A trip and fall accident can happen anywhere. Perhaps a crowded antique shop’s narrow aisles are strewn with merchandise that present tripping hazards. Or a rubber mat in front of a building entrance bunches up and presents a tripping hazard. Maybe a veterinarian allows unleashed animals in the office that then get tangled under guests’ feet.

Besides having different causes, trip and fall accidents can also cause different kinds of injuries.

FOOSH injuries (Fallen Onto an OutStretched Hand) are common. FOOSH injuries can include broken wrists, broken arms, and ligament tears. People who trip and fall forward can suffer significant facial trauma and head injuries.

Who Pays for Slip or Trip and Fall Claims?

As with slip and fall cases, trip and fall injury claims are usually premises liability claims. This means that the property owner or manager is the main person responsible for the trip and fall injury.

In most cases, the property or business owner should have control and responsibility for any fall hazards on the premises.

Were you hurt while patronizing a business? There is probably at least one commercial general liability insurance policy that can compensate you for damages.

If you suffered your trip and fall injury at someone else’s home, their homeowner’s insurance policy or renter’s insurance should compensate you for your injury.

There may be other parties responsible for your fall accident. For example, if the owner has leased a commercial property to a business, the business owner may also have responsibility for your injury. If your fall was due to the intentional behavior of a third party, they may also be liable in addition to the owner of the premises or business.

Also keep in mind that slip or trip and fall injuries may give rise to product liability cases.

Examples of product liability in fall claims:

• If a slip and fall was caused by a pool of melted ice leaking from a defective grocery store freezer, the freezer manufacturer may share responsibility for your injuries.
• If a trip and fall was caused by a defective hotel rug, the manufacturer of the rug may also be liable for your injury.

After figuring out who should pay for your fall injury, the next question is how to pursue a claim to compensate you for your injury.

Decide if you can handle your own trip and fall claim or if it should be handled by a personal injury attorney.

Create an injury claim document file for organizing your medical bills, medical records, and other evidence of how your injury has affected your life.

You’ll also need evidence of the property owner’s negligence, such as photographs of the accident scene and witness statements from people who saw what happened to you.

If you decide to handle your own claim, put together a demand letter so the insurance adjuster can see your damages and decide whether to offer you a settlement. Keep in mind that insurance companies tend to offer less money to unrepresented claimants in the hope they’ll take a quick settlement and go away.

If you cannot settle with the insurance company, you may need to file a personal injury lawsuit. If you haven’t already consulted an experienced attorney, now is the time to get legal advice. The evidence that you gathered for the insurance company will be useful here.

Most claims settle out of court. However, if your attorney takes your trip and fall case to trial, the jury may award a monetary judgment. For example, if you have a broken wrist FOOSH injury, you could get as much as $80,000-$120,000 from a favorable jury verdict.

Minding Your Step

It’s always important to watch where you’re walking and to be careful. But you can’t be responsible for everything, all the time. When you step onto someone else’s property or patronize their business, they need to make sure that you can safely walk through their parking lot, sidewalks, walkways, and buildings.

Never leave the scene of a trip and fall accident without notifying the property owner or manager. If you’re injured at a business location, ask the manager to fill out an incident report .

Seek prompt medical treatment after a slip or trip and fall injury. Tell the medical prover when, where, and how you were injured. You’ll need proof of the accident date and location, along with evidence of your injuries for a successful claim.

A broken wrist or a broken nose may not be fatal. But these injuries can be painful and expensive. You deserve to be compensated. If you or a loved one has suffered a fall injury caused by someone else’s negligence, contact a personal injury law firm in your state for a free consultation.

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Blog / Long Island Personal Injury Attorneys / Are Slip And Fall Cases Hard To Win?

When asking “Are slip and fall cases hard to win?” it is important to note that every slip or trip and fall case is different. There is no denying that slip or trip and fall cases can be difficult, as there are several factors involved and you must be able to provide sufficient proof of negligence.

These cases are not impossible to win, but this largely depends on the nature of each claim. A successful outcome hinges on your ability to provide irrefutable proof that the defendant’s negligent actions led to your injuries.

For a free legal consultation, call  631-451-7900

The Challenges That Arise with Slip and Fall Cases

In most personal injury cases, such as motor vehicle accidents, you can prove liability with the assistance of footage from traffic or car cameras, police reports, mileage reports, trucking logs, and eyewitness reports. With slip and fall claims, there may be no such evidence.

This means that this type of case must rely on the victim’s first-hand account and testimony from witnesses, if any were present. As a result, you may experience a few challenges when attempting to recover damages for your injuries. Additionally, you must ensure that the case fulfills all the elements of a personal injury claim. This means you have proof of the following:

• The defendant owed you a duty of care while you were on their property
• You suffered injuries and damages that resulted in financial losses
• The defendant’s negligence directly caused your injuries and losses

Liability for Slip and Fall Accidents

Once you prove the validity of your case, the next step is to determine liability and hold the responsible parties accountable for their actions. Depending on the particulars of your case, this may prove to be a challenge. If you cannot prove one of the following statements to be true, it can be difficult to win your slip and fall case:

• The owner of the premises or their employee knew about the dangerous condition but did nothing to remove or repair it
• The owner of the premises or their employee caused the dangerous condition which led to your injuries
• The owner of the premises or their employee should have known about the dangerous condition. A reasonable person in their position would have discovered the problem and removed or fixed it to ensure that it posed no threat to guests.

How to Overcome the Challenges in Slip and Fall Cases

Based on data from the  National Floor Safety Institute (NFSI) , slip or trip and fall accidents account for over 1 million emergency room visits. While this proves that these incidents are far too common, it still does not make it any easier to receive monetary compensation for related injuries.

If you are still wondering, “Are slip and fall cases can be hard to win?” know that a personal injury lawyer can help you fight for a successful outcome. They can determine what evidence is necessary to support your case and help you navigate any attempt made by the defendant’s lawyer to blame you for your injuries.

Personal injury lawyers can also:

• Interview you to document your account of how the incident occurred, and present your claims in a favorable light that may help you receive fair compensation.
• Interview eyewitnesses and document their accounts to use in settlement negotiations or a trial. Where present, they may also review video footage.
• Protect your rights by ensuring your case is timely started pursuant to New York’s  statutes of limitations  under Civil Practice Law & Rules (CVP) §214. This statute states that you generally have three years to take action following a personal injury, such as a slip or trip and fall accident, though there may be exceptions that significantly shorten this time period.
• Speak to your healthcare provider about your injuries, review your medical and financial losses since the accident, and determine how they translate into damages.
• Shoulder the legal responsibilities that come with filing a lawsuit, including knowing which documents to submit, and when to do so.
• Protect your interest and rights in a settlement and pursue compensation on your behalf.

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The team at Rosenberg & Gluck, L.L.P. may be able to provide valuable insight into your case and fight for compensation on your behalf. As a personal injury law firm, we understand the devastating effects of slip or trip and fall accidents, and how they can impact your life. Take advantage of our free legal consultation—call us at  (631) 994-1910 to discuss your case with a member of our team.

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6 Real-World Trip and Fall Claims (And How To Know If You Have A Case)

In an ideal world, when you visit someone’s business or home, you wouldn’t have to worry about loose stair railings, slippery floors, or other problems that would cause you to trip or fall and injure yourself. 

However, here in the real world these things happen waaaay too often. 

Trip and fall claims (usually called “slip and fall” claims) are the result of this kind of negligence causing injury. They are one of the most common forms of personal injury claims. Trip and fall injuries can cause some serious injuries, including:

• Spinal cord injuries
• Traumatic brain injuries

Let’s take a quick look at six real-world trip and fall claims and see how you can know if you have a case.

#1 A Fall by the Pool

A 68-year-old woman, Ms. Gauthier, was walking around the pool deck at her apartment complex. The property owners had recently painted and stained the deck.

She slipped and fell. Her fall caused a rotator cuff tear that was so serious she had to undergo reconstructive surgery. 

But Ms. Gautier was not the first person to have taken a tumble on this slippery surface . She argued that the deck should have been painted with nonslip paint to reduce the potential for injury, especially since there had been another fall on the surface before and the property owners knew that it was hazardous.

This case wasn’t settled but instead went to trial. The jury sided with the plaintiff in this case and agreed that the defendant should have done something about the slippery paint before the second fall occurred. They awarded her $168,742.

#2 Take Me to Church (And Then The Hospital)

A woman named Andrea Thompson sued the Diocese of Palm Beach due to an injury she suffered in 2009. She was walking outside of a church in Boca Raton when she fell and seriously damaged her knee. 

Thompson had four surgeries on her knee, and the doctors said that she would require two knee replacements. She sued the church, the general contractor, and the subcontractor.

The subcontractor settled before the trial. The church and the general contractor were willing to settle for $500,000, but Thompson declined and the case ended up going to trial. 

They took responsibility and the plaintiff was ultimately awarded $2,500,000 for her injuries.

#3 Cruise Ship Catastrophe

While boarding a cruise ship in Florida, Mr. Lee tripped and fell, causing a serious injury to his quadriceps muscle. 

Lee claimed that the gangplank that led onto the ship was too steep and that it caused the fall. The defendant said that the plaintiff was not using proper care when boarding the ship. 

This case was settled before going to trial, and the plaintiff received $75,000. Because there was no surgery involved, the settlement was lower than what it would have been if the plaintiff had required surgery.

#4 Down the Manhole

When you picture someone falling down a manhole, you likely picture a cartoon, not real life. However, it can and does happen, and the results can be catastrophic. 

A medical student studying at the University of Pennsylvania fell through an open manhole and suffered serious injuries to his spine that put an end to his education and his career.

Trigen-Philadelphia Energy Corporation was responsible for the manhole. They were aware that homeless people in the area would remove manhole covers and go underground to find shelter. Yet they didn’t do anything to remedy the problem. 

The student ended up receiving an award for $18 million. Ultimately, they were found 99.99% liable for the injuries, which was why the award was so high. 

#5 An Inconvenient Trip to the Convenience Store

Annette Ritzman of Virginia was taking a trip to the local convenience store, Miller Mart. What she didn’t know was that the parking lot had algae growing on its surface. 

None of the customers knew about the slippery parking lot because the store did not put up signs or warn their customers. 

The woman fell hard enough that she lost consciousness and suffered a brain injury because of it. 

This case was settled for $12.2 million, which is one of the largest amounts for a trip and fall claim.

#6 Falling on the Stairs in the Windy City

A 48-year-old woman was walking on the stairs of her Section 8 housing building in Chicago when she fell and was injured. The stairwell did not have lighting, the handrail was missing, the garbage was strewn on the steps. Initially, the woman was offered around half a million to settle her case.

However, the attorneys ended up taking the case all the way to a hearing, and the award ended up being $2.5 million. This case shows that sometimes, threatening a trial rather than taking an initial settlement offer is the best decision.

Table of Contents

Do you have a trip and fall case.

Contact BK Law today for a free consultation if you have been injured in a slip and fall/trip and fall accident. We’ll talk about the injuries you have sustained, the impacts these injuries have had on your life, and how we can help you move forward with your case. Looking for an expert slip and fall lawyer ? Our firm has a history of success and is here to assist with the insurance claims process, settlement negotiations, and will be ready to take your case to the Florida courts if necessary. We represent all clients on a contingent fee basis, meaning you pay no out-of-pocket fees or costs unless we successfully resolve your claim. Get in touch with us today.

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Slip and Trip and Fall Cases: What You Need to Know

04 Nov Slip and Trip and Fall Cases: What You Need to Know

Tripping and slipping accidents occur regularly and are sometimes inevitable. If you are injured after a fall outside your home on another’s property, you may be entitled to compensation. It is important to know the details of the incident to understand who may be at fault and whether you may expect to be compensated.

This article will explain in brief the different types of fall cases, the circumstances giving rise to a lawsuit for your injuries, and how a personal injury attorney can assist with your case.

What is a Slip and Fall Case?

A slip and fall accident may occur when a person comes in contact with a slippery or wet surface that causes them to lose their balance and fall. Some of the most common slip and fall cases occur on wet or freshly waxed floors or a surface with excess condensation. Most public places will display signs warning patrons if a floor is wet or slippery. However, if the establishment fails to do so and an individual falls and is injured on the premises, the property owner may be liable.

Slip and fall injuries can be minor or severe, ranging from strains, sprains, and bruises to permanent injury involving broken bones, etc.. If you are injured in a slip and fall accident, it is important to seek medical attention immediately.  You should also immediately photograph the area of the fall to include the substance that you believe caused the fall,

What is a Trip and Fall Case?

A trip and fall incident is different from a slip and fall because it occurs when someone trips over a physical object, causing them to fall. Common causes (not all) of trip and fall cases are uneven sidewalks, walkways, or objects obstructing the walking path. One of the most frequently occurring trip and fall incidents is when an individual trip over a step is not properly constructed or in disrepair that is not marked properly by the establishment.

Trip and fall accidents may cause different types of injuries compared to slip and fall cases. The victim may fall forward during a trip and fall incident, breaking bones, sustaining cuts, or abrasions of the skin.  These are common injuries but certainly not all-inclusive.

What Proof is Necessary in a Slip or Trip and Fall Case? Accidents happen every day, but what differentiates an ordinary mishap is negligence. Negligence is the failure on the part of the property owner to properly take care of his/her property which ultimately causes injury or damage.

The injured party must prove that their injury or damage occurred due to the negligence of the property owner.  Also, the injured party is not responsible for their injury. This can make slip and fall and trip and fall cases difficult: one must prove that their injury was caused by someone else’s negligence and prove that they did not act in a way that makes them responsible for their bodily injuries.

Should I File a Personal Injury Lawsuit for a Slip or Trip and Fall Injury?

If you want to take your slip and fall or trip and fall case to court, there are a few things to keep in mind. First, the incident must have occurred on someone else’s property or business. Being injured on another person’s property opens the door to file a premises liability lawsuit, to establish that the property owner did not safely maintain the building or grounds.

The best way to determine whether it is feasible to file a personal injury lawsuit is to meet with an attorney. Experienced personal injury lawyers deal with issues of negligence and liability. They can help determine the best way to move forward after a slip and fall or trip and fall injury.  They also know the defenses available to the property owner in defense of your claim.

Can I Receive a Settlement in a Slip or Trip and Fall Case?

If the property owner or insurance carrier assumes responsibility for your fall, you may receive a settlement after a slip and fall or trip and fall incident. You may settle before the case goes to court and often involves a payment by the responsible party or their insurance carrier. Payment may include but not be limited to, physical and emotional damages as well as medical bills/expenses associated with your injury.  Accepting a settlement avoids a long court case that can take months or even years to resolve.

However, accepting the first offer made by the liable party may not be in your best interest either. A personal injury attorney can help you weigh your options and help you determine the best way to handle your unique case.

Final Thoughts

Slip and fall and trip and fall cases are complex and require the assistance of a legal professional.  If you have been injured hiring a personal injury attorney with years of experience may help you achieve your desired outcome. The law offices of Carl P. Kasunic can assist you with your legal matters. Contact us today to schedule your free consultation.

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Slip / Trip and Fall Claims – What you Need to Know

Frequently, trip and fall accident occurs when something suddenly and unexpectedly violates a person’s expectations.  They expect continuity in environments and, if not warned otherwise, expect the places they go to be in good repair.

What do you need to prove to win a trip and fall case?

In order to win your trip and fall case, you will need to prove that the property owners was negligence was the factual cause of your accident and the accident is causally related to your injuries.  Liability is broken down into four basic factors

Duty – What duty did the property owner have to you?  If you were a trespasser at the time of the incident a property owner’s duty to you is minimal.  A property owner’s duty to trespasser is to refrain from willful and wanton misconduct.  However if you were a business or public invitee, the property owner owes you the highest duty.  The owner must inspect the property and ensure it reasonably safe and in good repair.

Breach of duty – Next you must prove that the property owner breached the duty owed to you.  Negligence occurs when the owner breaches the duty owed or fails to use “reasonable or ordinary care.”

Causation – You cannot recover simply because the property owner was negligent.  In order to win your claim, you must prove the the owner’s negligence was the actual cause of your injuries.  Some common defense include that a claimant’s injuries were not caused by the accident but instead were pre-existing, or that the claimant was not hurt because of a dangerous condition of the property but instead due to their own carelessness.

Damages – If the first three elements are met, a plaintiff can recover the damages caused by the trip or slip and fall accident.    Philadelphia trip and fall accident victims may recover compensatory damages for losses such as pain and suffering, loss of quality of life and noneconomic damages (wage loss, future earnings, medical bills and future medical expenses).  Additionally, if the defendant’s actions were reckless or malicious, a claimant may recover punitive damages.

If you fall because of the hazardous condition of a premises, an experienced slip and fall lawyer in Philadelphia can help you prove these elements in Court.

What should you do after a trip and fall accident?

Seek Medical Attention.  If you fall and are injured, you should first seek medical attention if needed.  In the most severe and traumatic cases, an emergency room visit may be warranted.  In other cases, you should make an appointment with a physician as soon as possible.

Contact an Experienced Attorney.  After receiving necessary medical treatment, you should speak with an experienced injury attorney who can advise you of your rights.

Report the Accident.  At your earliest opportunity, you (or your attorney) should inform the property owner of the accident and the hazardous condition which caused you to fall.  In doing so, it is important not to admit fault.  Most commercial property owners will immediately begin risk management upon notification of an accident.  Store/property managers, employees and security guards are trained to minimize the property owner’s liability risk and to immediately begin making a case for the defense.  Upon notice of a slip / trip and fall accident, employees will usually fill out an incident report which often contain a “self serving” description of the incident.  Some common items contained in incident reports include:

• a description of the accident
• the victims behavior and actions after the accident
• whether the accident victim claimed he/she was injured AND ANY ADMISSION THAT YOU HE/SHE IS OK
• whether the victim requested emergency medical treatment
• whether the victim was under the influence of alcohol or drugs
• the victims clothing attire and shoewear
• whether there were warning signs in the area
• a description of condition that caused the accident
• how the condition was created and/or how long the condition existed, and
• any witnesses to the accident

Choose your words carefully.  It is important to be very careful about what you say and do after an accident.  An off the cuff remark that “I’ll be OK” is likely to later be used against you as an admission that “claimant reported no injury after accident.”

Get Witness Contact Information.  You should also take the names, telephone numbers and addresses of any witnesses to the accident.  Witness that support your account of what happened may be conveniently omitted from an incident report.  Therefore, it is important that YOU preserve this crucial evidence. Take photographs and video of the scene.   Photographs and video evidence is often the strongest evidence available.  In some cases, it can mean the difference between a victory and a loss.  Make sure to take a photo or video of the defective or dangerous condition that caused you to trip and fall.

For a free and friendly no obligation consultation, call Brent Wieand, an experienced Philadelphia personal injury lawyer that works on a contingency fee at (888) 789-3161 . If you need a lawyer a  slip and fall accident in New Jersey or Pennsylvania, Brent Wieand is here to help. He is proud to serve Southeastern Pennsylvania including Berks, Chester, Delaware, and Montgomery counties, as well as the New Jersey areas of Pennsauken, Gloucester and Camden NJ.

Our goal is to maximize the compensation our clients receive for their injuries.

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Slips, Trips, and Falls: A Comprehensive Guide For The Proactive Manager (Part One – Regulatory Requirements)

Posted 11.05.23 by: Jeremy Shantz

Slips, trips, and falls in the workplace are common and the number one cause of workplace injuries. We’re not just talking about minor injuries, either. Believe it or not, something as simple as a carpet in your entranceway can cause severe trauma and, in rare cases, death.

Table of Contents

Understanding Impact

Slips, trips, and falls happen often. In fact, 27.4% of nonfatal workplace injuries in private industry were caused by slips, trips, and falls. If we look at the big data, in 2019 in the United States, there were 888,220 workplace injuries (reported), and 244,000 were slips, trips, and falls caused. ( source )

Statistically, these numbers are quite revealing. The median number of injuries one can expect is 2.8%. So, three of every 100 workers will have an injury at work this year, according to the injury statistics.

This guide will review all the ins and outs of slips, trips, and fall incident management. I’ll provide a roadmap for making management and prevention much easier for you. Stick with me to the end, and I’ll give you my favorite not-so-secret incident management tool advice so you can make your job easier too. Let’s get started.

Understanding Slips, Trips, And Falls

To create a safe and manageable work environment, we must understand exactly what slips, trips, and falls are. You know the common definition, but let’s examine how the authorities view such terms.

Definitions

Most countries in the G20 or UN follow a basic understanding of the incident definition. However, for the purpose of clarity, we’ll use OSHA (Occupational Safety and Health Administration in the United States) for our definitions.

According to OSHA, a slip is when a person loses balance due to a lack of friction between the floor and their footwear. Examples might include wet smooth tile or marble flooring, or if you live in the north, a typical slip scenario is ice on the ground.

Common Causes

• Oil or similar lubricating chemicals
• Wet surfaces

A trip is a scenario where a person loses balance due to a collision between a foot and an object. Practical scenarios might include a fold in a moveable floor rug, uneven flooring or steps, or even objects left on the floor. Trips are potentially dangerous not just due to the collision between foot and object but because they have a tendency to throw a person to the ground. Well, I don’t need to tell you how dangerous that can be when:

• Working at heights
• Working around sharp objects
• Working around moving equipment or vehicles

For obvious reasons, a trip can quickly escalate into a life-or-death severe scenario.

• Uneven flooring
• Objects in walkways

OSHA views a fall as the movement towards a lower level, typically at rapid speed or acceleration (gravity). You might go so far as to assume that the fall is the tail-end of the trip, and in many cases, you would be correct in making that assumption. However, the wording that OSHA uses to define a fall makes the assumption more evident that it intends to regard falling from a higher level to a lower level as the pre-emptive definition of a fall.

Examples of falls include falling off a loading dock edge, falling down some stairs, or falling off your chair (it happens more than you know).

• Unguarded work platforms
• Lack of fall prevention equipment
• Trips and slip events

I’ve provided a few causes of slips, trips, and falls in the workplace, but let’s define the more broad reasons to get the proper perspective.

Environmental Factors

As mentioned earlier, if you’re in North America, Europe, or another place that sees ice and snow in winter, you know that environmental factors can easily cause slips, trips, and falls. Ice, snow, and hail can easily make a person slip and fall.

Rain is also a factor in slipping on smooth surfaces. Naturally, we don’t have many smooth outdoor places where people might slip, but even a wood walkway outside can turn into a slippery surface in the right wet conditions.

Human Factors

Humans are notorious for making problems for each other, and often, it isn’t even intentional. Take a worker who is carrying some boxes and set them down for a moment to answer the phone. Maybe they get distracted and merely forget the box was placed in an aisle. Sure enough, if Murphy is afoot, then someone is going to trip over the box.

Human factors may not be limited to the common practice of leaving a parcel in a walkway. Some jobs require workers to instigate slippery conditions; just think of anyone who has to wash down a truck with soapy water, work with oily equipment, or any number of other common work scenarios that involve processes that could cause slippery conditions. A janitor mopping up a spill is the simplest human factor that comes to mind, especially if there are no slippery when wet floor signs are posted.

Equipment Factors

Although equipment can play a significant role in workplace slips, trips, and falls (in several ways), truth be told, each of the ways that equipment factors into slip, trip, and fall events all go back to a person in some way or another. Here are some of the ways people let 

equipment causes dangerous situations that can cause slips, trips, falls, and injury to people.

• Poor Maintenance: Equipment that people improperly maintain can create hazards. For instance, a machine can leak oil or other fluids, creating a slippery surface. Machines or other equipment might also have loose parts that could cause someone to trip.
• Improper Use: Misusing equipment can lead to accidents. For instance, if you use a ladder that’s too short, you might overreach and fall. Don’t stand on chairs or tables in the office instead of using a step stool or ladder. I have found in every job that one person thinks they can stand on a wheeled desk chair to reach something, but I warn you: Don’t do it. You aren’t Spiderman.
• Equipment Placement: The location of equipment can also cause accidents. Electrical cords and cabling are notoriously making people faceplant. If you have ever worked in maintenance (or entertainment), then you’ll know what I’m talking about. 
• Inadequate Safety Features: Some equipment may lack necessary safety features that could prevent slips, trips, and falls. For example, a ladder without non-slip feet can easily slide on a smooth surface, leading to a fall. 

Similarly, machinery without proper guardrails or other safety devices could put workers at risk of falling. Check your equipment for necessary safety features. Machinery should have proper guardrails or other safety devices to prevent falls. Furthermore, it would be best to insist on daily walk-around safety inspections for all your vehicles or equipment . Enacting smart safety protocols reduces the risk.

• Inappropriate Equipment: Sometimes, the equipment itself is not suited for the job or the environment, increasing the risk of slips, trips, and falls. For instance, forklifts used in an area with a slippery floor can lead to accidents.
• Personal Protective Equipment (PPE): The absence or misuse of PPE can also contribute to slips, trips, and falls. For instance, workers not wearing appropriate footwear for their environment (like non-slip shoes in a wet or oily environment) can easily slip and fall. Similarly, workers who don’t use precautions like a fall protection safety harness are asking for accidents to happen.

To mitigate these risks, ensure that regular maintenance and safety checks of all equipment are standard practice at your workplace. Workers should also have training in correctly using and placing all equipment, and appropriate PPE should be provided and used consistently.

Common injuries

Knowing something and doing nothing about it is pointless. If we look at the data, then we know that each year it is expected that 2.8% of workers will have an at-work accident. That’s 1.4 workers out of 50 (0.7 out of 25). With these numbers, a team of 12 can expect one worker every two years to have an at-work injury. Let’s see what injuries are most common.

Sprains And Strains

Workplace sprain and strain injuries happen most to the torso. In many cases, this means someone’s back. Nearly 40% of injuries in 2021 (In the US) involved the torso.

Not to put too fine a point on it, but the US Bureau of Labor Statistics said back in 2005 that sprains and strains accounted for 43%, and mostly back injuries, of private industry, lost time accidents. That is, 43% of the 1.3 million injuries and illnesses reported in 2003. Twenty years ago, and things haven’t changed much. 

According to the injury attorney Adam Skutner (no affiliation), you have a five percent chance of breaking a bone when you slip and fall. I’ve known three people who slipped, fell, and tried to put their hands out to stop the fall. Two of them broke their wrist; the third person sprained it. And that’s just off the top of my memory. So when I hear that five percent break bones, I’m not surprised it’s five percent; I’m surprised it isn’t more.

Dislocations

If you’ve ever dislocated something, then you know it’s as painful as a break. I think of the classic Mel Gibson in Lethal Weapon. He was known for dislocating his shoulder and painfully re-locating it with violent force against a wall or similar structure. However, nothing is entertaining about real-life dislocations, so it’s best to avoid them for obvious reasons.

Contusions And Abrasions

Contusions and abrasions are quite common in workplaces. Even office staff get paper cuts – no one is safe! However, in your business, it’s no laughing matter. A simple paper cut can lead to an infection that can lead to any number of complications. That’s why it’s critical to document everything, even a cut. 

At a former job I managed, we had a simple first-aid use form to complete any time a first-aid kit was opened. It was a simple way to document simple injuries like cuts and scrapes that did not require medical attention beyond the first aid kit.

Concussions And Head Injuries

Concussions and head injuries are the most serious concern for anyone in a slip-and-fall event. The healthiest of people can fall the wrong way, hit their head, and end their day (or life). 

According to the Washington Post , a study showed that the human skull can withstand 6.5 GPa of pressure. That’s compared to oak (wood) at 11, concrete at 30, aluminum at 69, and steel at 200. Therefore, I wouldn’t put my head in a fight against anything harder than my pillow.

Regulatory Requirements

It’s time to get into regulations. You are responsible for those under your charge as a manager or employer. Let’s see what OSHA has to say about the matter.

Occupational Safety and Health Administration (OSHA) standards

Navigating the landscape of safety protocols and OSHA standards can be overwhelming, but we’re here to break it down for you. The core standards you need to be aware of when it comes to preventing slips, trips, and falls in the workplace are these:

General Requirements (29 CFR 1910 Subpart D): It’s all about ensuring safe walking-working surfaces for your team. Make it a priority to keep these surfaces free from hazards like sharp objects, loose boards, leaks, or spills. Let’s not forget about seasonal hazards like snow and ice too!

Stairways and Ladders (29 CFR 1926.1052 and 1926.1053): These rules are a must-know if you’re in the construction industry. The focus here is on providing safe stairways and ladders to help prevent falls.

Fall Protection (29 CFR 1926.501): Another one for the construction folks out there. This standard mandates that employers provide fall protection systems when workers operate at heights of 6 feet or above a lower level.

Walking-Working Surfaces (29 CFR 1910.22): This one circles back to the general requirements but emphasizes cleanliness and orderliness. You must ensure that all walking and working surfaces are sanitary and well-maintained.

Personal Protective Equipment (29 CFR 1910 Subpart I): Here’s where the right gear comes in. OSHA requires employers to provide employees with appropriate personal protective equipment (PPE) and ensure its proper use. This could include non-slip footwear to help prevent slips and falls.

Remember, it’s not just about ticking boxes and meeting legal requirements. It’s about creating a safe working environment where your team members can perform their duties without fear of slips, trips, and falls. 

International Organization for Standardization (ISO) Guidelines

ISO has a specific standard that addresses occupational health and safety: ISO 45001. These standard guides organizations in creating robust health and safety management systems, which inherently involve the prevention of slips, trips, and falls. However, the standard doesn’t go into specific details about these incidents. Instead, it focuses on risk management and hazard identification that would help anticipate and prevent such accidents.

Industry-Specific Regulations

All industries must follow a basic duty standard to provide safe working conditions. However, some industries have specific regulations, which I will review a sample cross-section of below.

Construction Industry

OSHA’s construction safety standards (29 CFR 1926) include detailed requirements for fall protection (29 CFR 1926.501), stairways and ladders (29 CFR 1926.1052 and 1926.1053), and scaffolding (29 CFR 1926.451). These standards mandate using guardrails, safety nets, or personal fall arrest systems when workers are working at heights of 6 feet or above a lower level.

General Industry

OSHA’s walking-working surfaces standards (29 CFR 1910 Subpart D) apply to all general industry workplaces. They require employers to provide safe walking-working surfaces and keep them free from hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.

Healthcare Industry

While there’s no specific OSHA standard for slip, trip, and fall hazards in the healthcare industry, these workplaces must comply with the general industry standards, including the walking-working surfaces standards. OSHA’s guidelines for nursing homes recommend implementing a comprehensive safety and health program that includes an analysis of fall hazards and a plan to control these hazards.

Maritime Industry

For shipyards (29 CFR Part 1915), long shoring (29 CFR Part 1918), and marine terminals (29 CFR Part 1917), OSHA has specific regulations that include requirements for working surfaces, guarding floor and wall openings, and maintaining ladders, stairways, and scaffolds.

Company Policies And Procedures

We have covered what the regulations say, and now it’s time to put that information into action. Creating a health and safety manual is a requirement for most businesses. Although the regulations may vary from state to state or province to province, the concept remains the same: If you operate a business with employees, you should have a health and safety manual.

Along with your health and safety manual, it’s advisable to have job hazard analysis a part of every role within your company or organization. Furthermore, it’s easy to include standards to maintain by providing your team with instructions and procedures to follow within each role. For example, you could include in your housekeeping role manual to utilize wet floor signs and keep pace with any spills to ensure fast clean-up and reduced chances of incidents.

That’s it for part one of our Slips, Trips, and Falls guide for the proactive manager. Check out Part Two for even more about the processes you can implement to take control of slips, trips, and fall incidents at your place of business.

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