Slip and fall accidents may sound minor, but they're anything but. According to the National Floor Safety Institute, falls account for over 8 million emergency room visits each year and are the leading cause of workers' compensation claims. For elderly adults, a fall can be catastrophic — even fatal.
What Is Premises Liability?
Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. This applies to all types of property: stores, restaurants, offices, apartment buildings, hotels, parking lots, sidewalks, and private homes.
What You Must Prove
To win a premises liability claim, you generally must prove four elements: 1. The property owner owed you a duty of care 2. The owner breached that duty by allowing a dangerous condition to exist 3. The dangerous condition caused your fall 4. You suffered actual damages as a result
Common Causes of Slip and Fall Accidents
Wet or slippery floors, uneven surfaces, loose carpeting, poor lighting, missing or broken handrails, cracked sidewalks, icy or snowy walkways, hidden steps or elevation changes, and cluttered walkways are all common hazards that lead to slip and fall injuries.
The 'Notice' Requirement
In most jurisdictions, you must prove that the property owner knew (or should have known) about the dangerous condition and failed to fix it or warn visitors. This is known as 'constructive notice' — the idea that a reasonable property owner would have discovered and addressed the hazard through regular inspections.
Comparative Fault Challenges
Property owners frequently argue that the injured person was partially at fault — for not watching where they were going, for wearing inappropriate footwear, or for ignoring warning signs. While comparative fault can reduce your recovery, it doesn't necessarily eliminate it.
Documentation Is Everything
If you're involved in a slip and fall accident, document everything immediately. Photograph the hazard that caused your fall. Note the conditions (lighting, weather, footwear). Report the incident to the property owner/manager and request a copy of the incident report. Get contact information from any witnesses. And seek medical attention right away.
Bond Legal's Track Record in Premises Liability
Our attorneys have recovered significant results in premises liability cases, including $6.1 million for a burn injury victim in an apartment fire, $1.85 million for an elderly woman who fell on uneven stairs, $959,800 for a spinal cord injury from a fall through a guard rail, and numerous other six- and seven-figure results.
Don't assume your fall was 'just an accident.' Property owners have a legal obligation to keep their premises safe. If they failed, you deserve compensation. Contact Bond Legal for a free evaluation of your case.
