Slip and fall accidents can happen anywhere, from public sidewalks to private businesses (and even at home). But if your slip and fall results in an injury that you believe could have been prevented by someone else, you may be eligible for some financial compensation to help pay for your medical bills and suffering.
The Elements of Slip and Fall Claims
Not every slip and fall qualifies for legal action. To understand why, we need to delve into the legal elements that make up a slip and fall accident claim. Think of it like the building blocks – if certain elements are missing, the claim won’t hold up. So, let’s break down the key components:
- Duty of Care: This term basically means that someone has a legal responsibility to act in a reasonable way to avoid causing harm to others. As Rosenthal, Levy, Simon & Sosa explains it, “If the at-fault party was a lessee or owner of the property, they are responsible for ensuring people’s safety on the premises and taking the necessary precautions to prevent harm to people.” For example, business owners have a duty of care to keep their stores safe for customers.
- Breach of Duty: Now, imagine that same store owner neglects to clean up a puddle on the floor. That puddle becomes a hazard, and because they didn’t take reasonable steps to address it, they’ve breached their duty of care.
- Causation: This means that the property owner’s breach of duty directly caused your fall and injury. In our example, if you slipped on the puddle and broke your arm, the puddle (caused by the store owner’s neglect) directly led to your injury.
- Damages: This is the final component. It refers to the losses you suffered due to the accident. Damages can include medical bills, lost wages if you couldn’t work, pain and suffering, and even emotional distress.
Imagine you have all these elements working together: the store owner had a duty to keep the floor safe (duty of care), they failed to clean up the spill (breach of duty), the spill caused you to slip and fall (causation), and you broke your arm and lost wages because of the fall (damages). In this scenario, you might have a strong case for a slip and fall claim.
Common Risk Factors in Slip and Fall Cases
Now you know the legal side of things, but it’s also important to be aware of common hazards that can lead to slip and fall accidents:
- Wet floors: This is a big one, especially in places like grocery stores and restaurants. Spills and leaks should be cleaned up promptly.
- Uneven surfaces: Cracked sidewalks, broken steps, and potholes can all pose a tripping hazard.
- Poor lighting: If an area is dimly lit, it can be difficult to see potential hazards like uneven flooring or obstacles.
- Clutter: Items left on walkways or in aisles can easily cause someone to trip and fall.
What to Do If You Have a Slip and Fall Accident
Here are some steps to take if you have a slip and fall accident:
- Seek Medical Attention: This is the most important thing. Get checked out by a doctor to ensure your injuries are properly treated and documented. This is important for a couple of reasons. First off, you obviously need to get your injuries treated to make sure you can begin to heal. Secondly, getting medical attention starts the process of documenting your injury. These medical records will become part of your claim and will be proof of the severity of your injuries.
- Report the Accident: If you fall on someone else’s property, report the accident to a manager or employee. They need to be made aware of the fact that something happened. Again, this is all about documenting what happened. (If you try to come back three weeks later and say you slipped on a wet spot and broke your arm, they’re going to be highly skeptical. But if you talk to them right away, they’ll be in the loop from the start.)
- Document the Scene: If possible, take pictures of the hazard that caused you to fall, as well as any injuries you sustained. Try to get the names and contact information of any witnesses. Having an unbiased third party speak to what happened can help your claim tremendously.
Adding it All Up
Slip and fall accidents can be frustrating, painful, and expensive. Thankfully, there are ways to get compensation for your injuries. The most important thing is that you consult with a personal injury attorney to learn more about your options and how to proceed.
