Case Types - Slip Trip and Fall Injury

There are four general types of slip and fall accidents:

Ideally, an accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting. The requirement for a report is generally a store or business policy, rather than mandated by law.

Thousands of people are injured each year by slipping or tripping resulting in a fall. Many times the cause of the fall is a defect in the floor or stair causing the person to stumble. These cases come under the heading of premises liability because the owner or operator of a premises is responsible to maintain the grounds in a reasonably safe condition. If the occupier of the land fails to do so, and the failure causes the injury, then the injured victim may be able to recover for losses sustained. To win a premises liability case the injured party must prove either that the defendant created the dangerous condition that led to the accident, or knew or should have known about the danger and failed to correct it after a reasonable period of time. This creates some very difficult issues for injury victims.

It is important in a trip/fall case for the injured victim to be able to describe specifically the cause of the fall. If the victim "trips on his own two feet" he will not be able to recover against the property owner because he will not be able to establish the defect as the cause of the fall. Many people who trip and fall are too confused or shocked to take a close look at the surrounding circumstances. However, this is essential to win a case. It is a very good idea for photographs to be taken as soon as possible of the defective condition because circumstances frequently change. When pictures are taken it is very important also for the injured victim to be present when the photographs are taken, if possible. Photographs of the scene should include not only the defect itself but also surrounding areas including landmarks so that the defective area can be located.

Comparative negligence is always a major issue in a trip/fall case. Under the law, any negligence on the part of the victim that contributes to the happening of the accident will be determined by the jury and that percentage deducted from the overall damages awarded.

The law requires all people to use reasonable care in watching where they are walking. Additionally, if a condition is so open and obvious that anyone using his senses would see it and avoid it, the law will bar recovery to the injured victim.

In you are injured on a sidewalk or street owned or maintained by a municipality, special rules apply. Most municipalities (cities, towns, villages) have prior written notice laws. This means that the municipality is not liable for the defective condition in a public street or sidewalk unless the condition was previously reported in writing and the municipality then failed to correct it. Additionally, when making a claim against a municipality it is generally required to give a written notice of the claim within ninety (90) days after the accident, following very specific requirements including the date and time of the accident, the manner in which it occurred, the exact location and the nature of the injuries sustained. It is important to have an attorney prepare the notice of claim.