Slip & Falls

Slip and fall accidents include not only injury-causing tumbles on wet or uneven floors, but falls from scaffolds and staircases and other elevated places. Many of these accidents result in serious injury, especially to the back, arms and neck and there can be costly, long-lasting effects.

But the more likely accidents happen in supermarkets or tripping over a curb that sticks up and you get your toes caught on some other projection like a car stop or a hole.

Just because you fell and were injured doesn't mean that you have a case. Most often you don't. It's simple. If the store or property owner created the problem, i.e. putting a tarp over some boxes to create a platform which went onto the floor that someone tripped over, i.e. over waxed the floors creating a slippery spot, they are liable. If they knew about the problem, i.e. water from a cooler case was leaking for a month and they put rags around the leak without fixing the problem or water was leaking from the ceiling, which the store refused to fix, they are liable. Also, if the condition lasted for a long enough time that the property owner should have known about the problem, i.e. a totally melted ice cream cone that was obviously lying on the floor for at least an hour, they are liable.

But, you have no case if you can't prove one of the above. Just because you slipped on water or oil, if it could have been dropped by a customer 5 or 10 minutes before you fell, doesn't mean that the store or property owner was at fault.

Sometimes — there is fault on your part as well as on the property owner's part, i.e. there was a defect they knew about but you should have seen it. For example, an obvious hole that you fell into and which you should have seen because it was daylight and the sun was not shining into your eyes but which the property owner knew about. Then you are still able to get money for comparative fault, i.e. splitting the damages down the middle.

In any event, call me and I'll analyze your liability and tell you whether I think you have a case.