Slip and fall accidents and cases are when someone slips on a part of the property that belongs to another person, which creates injury. The law of this does define when someone who owns this is then liable for the injuries to someone who is present on those premises.
Slip and Fall or Trip and Fall
While some may use slip and fall to describe instances where someone trips rather than slipping, there is a distinction in this instance. In most of these instances, the person who claims the injury will fall, but it is possible for those with premises liability to come up when someone slips and trips and is injured, without the actual fall, which may happen if a joint gets overextended. In the case of trip and falls, literally, the person’s foot hits an object, and it causes them to fall and get hurt. This can mean holes and potholes, uneven surfaces, and other hidden objects and hazards that can’t be detected.
With slip and fall, involves someone losing footing due to wet surfaces, slippery objects, and snow and ice directly on the ground.
How to Prove it
Typically, these are based on the negligence theory, where the person that either owned or controlled the area where this occurred is responsible for this.
However, to prove negligence on the owner, the person who was the victim needs to prove the following:
- Proof of ownership that the defendant did own or was responsible for where the injury happened.
- The duty of the person, where they needed to prove that it was safe for the person normally, and that this was an addition.
- Notice that there wasn’t any information there, which caused the slip and fall.
- The dangerous condition and the conditions causing this.
- The damages that you suffered as a result of the injury
The facts of the injury do affect the liability for this too.
For example, fi the owner knows that the floor is wet normally, they need to prove that there was proper drainage to make it slip and fall resistant.
The place may need better lighting too, simply because it may be fine during the day, but at night, it is much harder to see and may cause slip and falls or trip and falls due to the poor lighting.
In a lot of premises cases, there is the argument that the person in control is the owner, but there is also the virtue of action that comes with this, or even inaction to maintain this, in turn causing slip and falls on the surfaces.
The Defense Claims
There are common defense claims that they might use, and typically they include the following:
- The open and obvious danger that’s there, that they could’ve observed
- Governmental immunity, which is where the government may have defense that restricts them from being sued
- The notice wasn’t there enough for them to fix it, and so they weren’t able to get out there too.
- The assumption of risk that comes with slip and fall cases.
- The injured person being careless and wasn’t paying attention
- Warning notices that are posted that those who would exercise some sort of reasonable caution when around there so they don’t suffer an injury
- Trespassing, which is where the person is on there without permission
These are typically all common defenses, but they can be fought with the proper defense attorney that can help you get the compensation that you need for the injury you’ve suffered too.