A slip and fall injury typically happens when a person loses their footing on a slippery surface or stumbles over an object or uneven flooring, resulting in a fall. These accidents can happen in various situations and locations; however, most legal cases concerning slip and fall injuries happen in commercial establishments like retail stores, grocery stores, shopping malls, restaurants, and other similar places.
Property owners, especially those running businesses that are open to the public, are responsible for maintaining a safe environment for their patrons and customers. If a property owner is aware of a hazardous condition but fails to address or remedy it, they could be held legally liable if that condition causes someone to experience a slip and fall injury.
Common Slip and Fall Injury Scenarios
Slip and fall accidents can happen in numerous ways and for various reasons. Some examples include:
Injuries Due to Wet or Slippery Floors
Imagine a scenario where someone is walking through a grocery store. One of the freezer units has been leaking, creating a pool of water on the tiled floor. The store had not placed any warning signs around the area, and the person slipped on the wet floor, resulting in a sprained wrist.
Falls Caused by Objects Left on the Floor
Consider a hardware store where a customer inadvertently knocked a hammer off a shelf, and it landed on the floor in the middle of an aisle. The store’s employees were unaware of the hammer lying on the floor, and another customer tripped over it and fell, breaking their ankle.
Uneven Flooring, Protruding Floorboards, Cracks in the Ground, or Other Similar Conditions
Suppose there’s a charming, old bookstore with original wooden floors. Over time, one of the floorboards has started to protrude. A customer, engrossed in browsing books, doesn’t notice the uneven floor and trips over the protruding floorboard, resulting in a fall that causes a concussion.
Injuries Caused by Items that Stick Out or Protrude
Imagine a popular café with rustic, handmade wooden tables. Over time, one of the tables has developed a splintered edge that juts out. While getting up from the table, a patron catches their leg on the splintered edge, causing a deep cut that requires stitches.
Other Causes
A child has dropped an ice cream cone on the floor in a busy shopping mall. The area hasn’t been cleaned up yet, and another shopper steps on the ice cream, causing their foot to slide out from under them. They fall and sustain a back injury from the unexpected fall.
What Injuries Can Result from Slips and Falls?
Slip and fall injuries can range from sprains, strains, and broken bones to lacerations, concussions, and more severe injuries. These accidents can be particularly dangerous if they involve injuries to the head, neck, or spine, potentially leading to more severe medical conditions.
Defenses for Slip and Fall Accident Claims
As a property owner, you may face legal responsibility for slip and fall injuries that occur on your premises. However, the injured party (plaintiff) must prove negligence on your part. In such situations, several defenses may help limit or eliminate your liability:
No Breach of Duty
To win a slip and fall case, the plaintiff must demonstrate that the owner breached their duty to maintain the property safely. You may not be held liable if you can prove that you took the necessary precautions to keep your property safe.
Consider a situation involving a large, well-maintained supermarket. The supermarket owners take their responsibility to maintain a safe environment for their customers very seriously. They have implemented strict protocols to address any potential hazards promptly. This includes regular inspections of the store premises every hour by a designated employee and immediate clean-up of any spills or removal of obstacles.
One day, a customer slips and falls in the produce section, claiming that they slipped on a piece of lettuce. The customer decides to sue the supermarket for their injuries. However, the supermarket has video surveillance footage showing an employee inspecting and cleaning the area just ten minutes before the accident. Additionally, the footage reveals that another customer dropped the piece of lettuce only a few minutes before the plaintiff’s fall.
In this case, the supermarket can mount a “No Breach of Duty” defense. They can prove that they have maintained their property safely, had clear protocols to manage potential hazards, and were attentive to any issues. Therefore, it would be challenging for the plaintiff to argue that the supermarket had breached its duty to keep the premises safe.
Lack of Causation
The plaintiff must establish that the slip and fall accident was a direct result of the property owner’s actions or negligence. If you can show that neither you nor your employees were responsible for the hazard, the plaintiff may struggle to prove negligence.
Imagine a scenario involving a bookstore. A customer enters the store, browses for a while, and then slips and falls, suffering a minor injury. The customer claims that they slipped on a piece of torn paper on the floor and decides to sue the bookstore.
The bookstore owner, however, was vigilant about maintaining a safe environment. The CCTV footage shows that the piece of paper was not on the floor when the customer entered the store, and it appeared on the floor only after the customer had been browsing in one of the aisles. It’s likely that the paper fell from one of the books that the customer was looking at.
In this case, the bookstore owner can use a “Lack of Causation” defense. They can argue that the hazard that caused the fall – the piece of torn paper – was not due to any action or negligence on their or their employees’ part. Hence, the plaintiff may find it difficult to prove negligence on the bookstore owner’s part.
Comparative or Contributory Negligence
In some cases, the court will compare the plaintiff’s negligence to the defendant’s negligence. This defense is often used when the plaintiff acted recklessly or carelessly, contributing to their injury. If the court finds the plaintiff partially responsible, your liability and the amount you owe may be reduced accordingly.
Let’s take an example involving a pub. The pub has a clear policy of immediately cleaning up any spills, but it also expects its patrons to behave responsibly. One evening, a patron at the pub has had a few drinks and is feeling the effects. Despite this, they decide to stand on a barstool to get the bartender’s attention. Predictably, they lose their balance, slip, and fall, breaking their arm. They decide to sue the pub for their injuries.
In this case, the pub can use a “Comparative or Contributory Negligence” defense. They can argue that the patron’s reckless behavior contributed to their injury. If the court agrees, the pub’s liability might be reduced accordingly. For instance, if the court determines that the patron was 70% responsible for the accident due to their reckless behavior, the pub might only be liable for 30% of the damages.
State laws may vary regarding available defenses, and each case will be different. Some defenses may only be applied under specific circumstances. Consulting an attorney can help you determine the most relevant defenses to your situation under your state’s slip-and-fall laws.
Do I Need Legal Assistance for Slip and Fall Claims?
Slip and fall cases can result in substantial monetary damages awarded to the plaintiff. Consult with an experienced slip and fall attorney in your area who can help you respond to a slip and fall lawsuit. Your attorney can identify and present the most effective defenses to increase your chances of success.
