The term Slip and fall, also commonly known as trip and fall, is generally a type of personal injury case or claim that arises when an individual suffers injury from a slip/trip and fall on someone else’s property. The accident is normally associated with negligence of the owner in ensuring the safety of the property.
Slip and fall accidents are a common phenomenon in public and workplaces, and they fall under tort law in a category of cases called premise liability. In this type of claims, the injured victim seeks compensation from the property owner due to their failure to observe appropriate safety measures that would have otherwise prevented the accident.
Common Causes and Places Where Slips, Trips, and Falls, Are Likely to Occur
In our daily movements from one place to another, we are exposed to dangerous conditions that are likely to result in slip and falls. Some of the areas with high prevalence of slip and fall incidents include retail premises, personal homes, office buildings, city streets and sidewalks, parks, restaurants, and outdoor areas. It is also important to note that these are not the only places likely to expose you to slip and fall accidents, they can virtually occur anywhere. Therefore, it is extremely necessary to exercise caution in your movements.
Many slip and fall incidents have been linked to wet or slippery surfaces. However, torn carpets, narrow stairs, potholes, poor lighting, and changes in flooring can also cause these accidents. No matter where and what causes your slip and fall, address the following matters before taking further steps in your claim:
1. Seek Medical Attention
Slip and fall accidents can result in serious injuries to your soft and internal tissues including the brain. Consequently, you need to first see a doctor for diagnosis and treatment of any injuries that if ignored can later escalate to catastrophic health complications.
2. Report the Incident to Relevant Parties
Depending on where the accident occurs, report the matter to the concerned party as soon as possible. Ensure the report is in writing and that you have filled any forms available concerning the matter. More importantly, you should have a copy of the report.
3. Gather Evidence
Assemble all evidence that is pertinent to your case. This can encompass photos of the slip and fall scene, details of eyewitnesses, injury photos, and medical reports.
4. Enlist Services of an Attorney
The insurance company of the property owner might contact you, but you need to decline any settlement offer until you have consulted widely with an experienced lawyer. If you need professional representation, you can always contact Michael E Fenimore, P.A. for assistance.
Proving Fault in Slip and Fall Cases
This is the trickiest part of a slip and fall lawsuit where you need to provide tangible proof whether the injury was caused by the property owner’s negligence in exercising reasonable care on their premises or if it was out of your carelessness. Some of the key elements that you need in order to provide sufficient evidence in your case are to prove that:
- The property is controlled, owned, and operated by the defendant.
- The conditions that harmed the plaintiff were dangerous and not a minor defect.
- The Plaintiff’s injuries resulted from the hazardous conditions.
- The defendant was aware or should have noted the dangerous condition that could harm the public.
If you find yourself or a loved one in a slip and fall lawsuit, it is important to ensure that all damages and liabilities are covered. If you reside in the Pensacola, Florida area consider contacting Michael E Fenimore, P.A. for legal representation. Please visit FenimoreInjurylaw.com or call us today at (850) 434-6064.