Slip and fall accidents are a leading cause of emergency room visits in the United States. When a property owner's negligence creates a hazardous condition that causes you to fall and suffer an injury, you may have a premises liability claim. These cases can involve anything from wet floors in grocery stores to icy sidewalks outside apartment buildings.
Overview
Slip and fall accidents — more formally known as premises liability cases — occur when a property owner or occupier fails to maintain a safe environment, and someone is injured as a result. These accidents happen in grocery stores, restaurants, office buildings, parking lots, apartment complexes, private homes, and virtually any location where people walk.
While many people dismiss slip and fall injuries as minor embarrassments, the reality is that falls are the leading cause of traumatic brain injuries and account for over one million emergency room visits every year. Older adults are particularly vulnerable, but people of all ages can sustain serious injuries in a fall caused by negligent property maintenance.
Property owners and businesses have a legal duty to maintain their premises in a reasonably safe condition. When they fail in that duty and someone gets hurt, the injured person may be entitled to compensation for their injuries, medical bills, lost wages, and pain and suffering.
Common Causes
Slip and fall accidents are caused by hazardous conditions that a property owner knew about — or should have known about — and failed to address.
Wet and Slippery Floors
Spilled liquids in grocery stores, recently mopped floors without warning signs, leaking refrigeration cases, and tracked-in rainwater or snow are among the most common slip and fall hazards.
Uneven Surfaces
Cracked sidewalks, broken pavement, uneven flooring transitions, loose tiles, and warped floorboards can catch your foot and cause a fall. These conditions are especially dangerous because they are often difficult to see.
Inadequate Lighting
Poorly lit stairwells, parking lots, hallways, and walkways make it difficult to see hazards and navigate safely. Property owners have a responsibility to maintain adequate lighting in areas where people walk.
Missing or Broken Handrails
Staircases without handrails or with broken, loose, or wobbly railings are a significant fall hazard, especially for elderly individuals. Building codes require handrails for good reason, and their absence or disrepair can establish negligence.
Ice and Snow
Property owners in cold-weather states have a duty to clear ice and snow from walkways, parking lots, and entrances within a reasonable time. Failure to salt, sand, or shovel can create extremely dangerous conditions.
Cluttered Walkways
Extension cords stretched across walkways, merchandise blocking aisles, debris in hallways, and personal belongings left in common areas can all cause trip-and-fall accidents.
Defective Stairs and Escalators
Worn stair treads, inconsistent step heights, broken escalator steps, and missing stair nosing create tripping hazards that can cause particularly serious falls.
Types of Injuries
The injuries sustained in slip and fall accidents can range from painful bruises to life-threatening conditions, depending on how you fall, what you land on, and your age and physical condition.
- Hip fractures — Falls are the most common cause of hip fractures, particularly among older adults. Hip fractures often require surgery and extensive rehabilitation, and they can significantly reduce independence and quality of life.
- Broken wrists and arms — The natural instinct to brace yourself during a fall often results in wrist, forearm, and elbow fractures. These injuries can require surgery and physical therapy.
- Head injuries and traumatic brain injuries — Striking your head on the ground, a counter, or a shelf during a fall can cause concussions, skull fractures, and more severe brain injuries.
- Back and spinal injuries — Landing on your back can herniate discs, fracture vertebrae, and damage the spinal cord. These injuries can cause chronic pain and, in severe cases, paralysis.
- Knee injuries — Twisting your knee during a fall can tear ligaments (ACL, MCL), damage cartilage (meniscus), or fracture the kneecap. These injuries often require surgery and months of rehabilitation.
- Shoulder injuries — Falling on an outstretched arm can dislocate the shoulder, tear the rotator cuff, or fracture the collarbone.
- Soft tissue injuries — Sprains, strains, and torn ligaments may not show up on X-rays but can cause significant pain and limit your mobility for weeks or months.
Proving a Premises Liability Claim
Slip and fall cases can be more challenging to prove than some other types of personal injury claims. To succeed, you generally need to establish several key elements.
- The property owner had a duty of care — Property owners owe different levels of duty depending on whether you were an invited customer, a social guest, or a trespasser. Businesses owe the highest duty of care to their customers.
- A dangerous condition existed — You must show that a hazardous condition was present on the property, such as a wet floor, broken step, or icy walkway.
- The owner knew or should have known about the hazard — This is often the most contested element. You must prove that the property owner either created the hazard, knew about it, or should have discovered it through reasonable inspection.
- The owner failed to fix or warn about the hazard — A property owner who knows about a hazard must either fix it promptly or provide adequate warning, such as placing a wet floor sign.
- The hazard caused your fall and injuries — You must connect the hazardous condition directly to your fall and your injuries.
Compensation Available
If you can establish that a property owner's negligence caused your slip and fall injuries, you may be entitled to recover several categories of compensation.
- Medical expenses — Emergency room visits, diagnostic imaging, surgery, hospitalization, physical therapy, pain management, and future medical care related to your fall injuries
- Lost wages — Income lost during your recovery period, including paid time off or sick leave you were forced to use
- Diminished earning capacity — If your injuries limit your ability to work in the future, you may recover compensation for the difference in your earning potential
- Pain and suffering — Physical pain, emotional distress, inconvenience, and the impact on your daily life
- Permanent disability or disfigurement — Additional compensation if your fall results in lasting physical limitations or visible scarring
- Loss of enjoyment of life — Compensation for activities and pleasures you can no longer participate in due to your injuries
What to Do After a Slip and Fall
- Report the incident immediately — Notify the property owner, store manager, or landlord about your fall. Ask them to create a written incident report and get a copy.
- Seek medical attention — See a doctor as soon as possible, even if you think your injuries are minor. Medical documentation created close to the time of the accident is powerful evidence.
- Document the hazard — Photograph or video the exact spot where you fell, including the hazardous condition that caused it. Capture wet floors, broken tiles, torn carpet, poor lighting, or any other contributing factors.
- Photograph your injuries — Take photos of bruises, cuts, swelling, and other visible injuries immediately and throughout your recovery.
- Collect witness information — If anyone saw your fall, get their name and contact information. Witness testimony can corroborate your account of the hazardous condition.
- Preserve your clothing and shoes — The shoes you were wearing and any clothing damaged in the fall may be relevant evidence. Do not wash, repair, or discard them.
- Do not give recorded statements — The property owner's insurance company may contact you. Politely decline to give a recorded statement until you have consulted an attorney.
- Contact an attorney promptly — Evidence of hazardous conditions can disappear quickly. A spill gets cleaned up, a broken step gets repaired, and surveillance footage gets overwritten. An attorney can send a preservation letter demanding that evidence be retained.
How Claim Bureau Helps
Slip and fall cases require thorough investigation and an attorney who understands the nuances of premises liability law. Evidence can vanish quickly — surveillance footage is overwritten, hazardous conditions are repaired, and witnesses forget details. The sooner you have an attorney working on your case, the stronger your claim will be.
Claim Bureau connects slip and fall victims with experienced premises liability attorneys in their area. Through our free case evaluation, we learn about your accident and injuries, then match you with an attorney who has handled similar cases. There is no cost to you for our service, and you pay your attorney nothing unless they win compensation on your behalf.
This information is for educational purposes only and does not constitute legal advice. Every case is unique. Consult with a qualified attorney to discuss the specifics of your situation.
