Who Is Liable in a Slip and Fall Accident?

September 6, 2024 | By Polito & Harrington LLC
Who Is Liable in a Slip and Fall Accident?

Slip and fall accidents are among the most common causes of accidental injury in the United States. These incidents can happen anywhere and when you least expect it.

It is common for people to slip, trip, or fall during everyday activities, such as a trip to the grocery store or while at work. In many cases, these accidents result in extremely serious injuries, including severe soft tissue injuries, broken bones, or even spinal cord or brain injuries.

If you have suffered injuries in a slip and fall accident that was someone else’s fault, state law entitles you to compensation for your accident-related injuries. That said, you need a lawyer to determine liability and get the insurance company to pay up.

For this reason, retain a slip and fall lawyer near you as soon as possible after suffering injuries in an accident.

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How the Law Determines Liability

Liability in a slip and fall accident is determined by applying the legal principle of negligence. Negligence refers to the failure to exercise reasonable care in a given situation.

To establish liability, the injured person must prove:

  • Duty of Care - The property owner or occupier owed a duty of care to maintain safe premises for visitors.
  • Breach of Duty - The property owner or occupier failed to meet this duty by allowing a hazardous condition to exist on the premises.
  • Causation - The hazardous condition caused the slip and fall accident.
  • Damages - The injured person suffered damages from the accident, such as medical expenses, lost earnings, or pain and suffering.

Proving these elements can require significant investigation. Your lawyer may need to obtain evidence like witness statements, maintenance logs, or surveillance footage to establish liability.

As a result, contact an attorney as soon as possible after your accident to ensure they have access to the evidence they need to prove your case.

Where Can Slip and Fall Accidents Happen?

Slip and fall accidents can happen anywhere that you can walk.

Full-length view of a young businesswoman who has fallen off her office chair.

They often happen in:

  • Offices
  • Schools, colleges, and universities
  • Grocery stores
  • Shopping malls
  • Healthcare facilities
  • Workplaces
  • Construction sites
  • Gyms and recreational facilities

Property owners and lessees can be held accountable for slip and fall accidents on their premises. Determining liability often hinges on the specific location of the incident and the terms outlined in the lease agreement.

Multiple parties may share responsibility, including property owners, tenants, and even property management firms.

What Causes Slip and Fall Accidents?

Slip and fall accidents can occur due to a wide range of hazards, many of which are usually the result of the property owner or manager’s negligence. Some of the more common causes of slips, trips, and falls include:

Wet or Slippery Surfaces

Spills, recently mopped floors, or icy sidewalks can create slippery surfaces and increase the risk of a slip and fall accident.

Uneven Surfaces

Cracked sidewalks, uneven flooring, or loose rugs can cause individuals to trip and fall.

Poor Lighting

Insufficient lighting in stairwells, parking lots, or hallways can make it difficult to see obstacles and increase the likelihood of a slip and fall accident.

Hazardous Conditions

Hazards such as loose handrails, debris on the floor, or faulty staircases can lead to slip and fall accidents.

Weather Conditions

A man slips and falls in the snow, injured from the icy surface. Winter accident resulting in a possible fracture, bruise, or dislocation.

Adverse weather conditions, such as rain, snow, or ice, can make surfaces slippery and increase the risk of accidents.

Understanding the cause of your slip and fall accident is essential in determining liability and seeking compensation. Collecting evidence, such as photographs of the hazardous condition and witness statements, can help strengthen your case.

The longer you wait, the more likely evidence will be lost or destroyed, so it is best to contact a lawyer immediately.

The Insurance Company Will Do Everything It Can to Deny Your Claim

When you file a slip and fall accident claim, you will likely deal with the property owner's insurance company. Insurance companies are businesses, and their primary goal is to minimize their financial liability.

They will often try to deny or reduce your claim by:

  • Challenging Liability
  • Disputing Damages
  • Delaying the Claims Process
  • Starting with a lowball offer
  • Arguing that your injuries are less severe than you claim
  • Suggesting that your injuries are pre-existing conditions

Dealing with insurance companies can be overwhelming, especially when you are trying to recover from your injuries. Having an experienced slip and fall accident lawyer can level the playing field. They have the knowledge and resources to handle negotiations with the insurance company and fight for your rights.

What a Slip and Fall Lawyer Can Do for You

There are many ways that a slip and fall attorney can support you after suffering injuries in an accident. First and foremost, a lawyer can evaluate your case and determine whether you have a claim to pursue.

A lawyer provides a slip and fall accident report form to help document the incident and gather key details for potential legal action.

If you do, your lawyer can also:

  • Compel the production of evidence through a legal process known as discovery
  • Evaluate your losses and determine how much compensation you should receive
  • Attempt to negotiate a settlement with the at-fault party’s insurance company
  • If necessary, take your case to court 

Slip and fall accidents can have long-lasting physical, emotional, and financial consequences. Seeking legal representation can ensure you recover the compensation you deserve and hold the responsible parties accountable.

Contact a Slip and Fall Accident Lawyer Near You

If you have suffered injuries in a slip and fall accident, it is important to consult a slip and fall accident lawyer near you. They can evaluate the specific details of your case, explain your legal rights, and guide you through the claims process. 

Don't face the challenges of your case alone—contact an attorney near you to protect your rights and potentially seek compensation for your injuries.

Consultations are free, and it costs nothing to hire a personal injury attorney upfront. Reach out today to begin learning about your options.

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