With Thanksgiving, Christmas, and New Year’s approaching, there will be a lot of people traveling…
An alarming component of a slip-and-fall incident is that it can occur at any moment and in any location. These incidents quite literally sweep you off your feet. The list of injuries that can occur from a slip or a fall vary from minor cuts and scratches all the way to brain and spinal cord injuries which can obviously have a large impact on your long-term health. As an example, the CDC claims that 95% of hip fractures come from a slip-and-fall incident. Not only would that type of injury put you out of work for a period of time, but it could also permanently affect your ability to do your job or activities in your everyday life.
Slip-and-fall accidents can take place in a variety of settings and for a range of factors, but studies show that the risk is particularly high in certain areas. These areas include stairs, sidewalks/walkways, commercial properties, and job sites. Equipment that’s improperly maintained can also lead to injuries. Spills or debris that are not properly cleaned up or marked can cause harm to not only employees, but also to customers. At job sites the hazard list can be quite lengthy. Faulty flooring, torn carpet, unsecured handrails, and rubbish can all cause workers to slip-and-fall.
A person injured in a slip-and-fall on someone else’s property usually must prove the accident was due to “unsafe conditions” and the property owner or holder must also be made aware of the danger. A hazardous environment must provide an unjustifiable risk to anybody on the premises. That risk should be one that the injured party should not have expected and is often proven when:
- The situation was created by the owner/holder.
- The owner/holder knew the condition existed and failed to correct it.
- The situation existed long enough for the owner/holder to become aware.
When it comes to commercial properties the criteria are similar. The owner/holder of the restaurant, store, or other business can be held legally responsible when they or an employee:
- Created the spill, damaged area, or any other slick/unsafe surface.
- Had been aware of the hazardous surface but did nothing.
- Showed negligence towards the property.
A landlord may be held accountable to their tenants for slip-and-fall injuries on leased property in residential settings as well. A tenant must establish the following to hold a landlord liable for an injury:
- The condition that caused the slip-and-fall was under the landlord’s control.
- It would not have been prohibitively expensive or difficult to remedy the situation.
- The injury was foreseeable as a result of the landlord’s failure to correct the situation (negligence).
If you’ve been hurt or injured due to a slip-and-fall accident, don’t stress. Here at Philpot Law Firm, we fight to help you get what you deserve. Schedule a free consultation with one of our experienced slip-and-fall attorneys today.