A slip and fall accident is a particular type of personal injury, or tort case. If a person trips, falls and is injured on someone else’s property, there’s a chance a lawsuit will be filed and damages awarded.
These types of cases are built on premises liability, as they’re carried out against the owner of a commercial or residentialproperty.
The two main elements for determining fault in a premises liability claim are:
- Whether or not the property owner acted reasonably to prevent a dangerous condition, and
- Whether or not the injured party was exceedingly careless.
The initial investigation should determine if the cause of the accident was due to a pre-existing dangerous condition, and if it could have been prevented by owner action.
Whether or not the injured person could have anticipated the hazards of the area from prior conditions is also important – this is the “avoidance of obvious danger” element.
For the injured person to have a strong case, the owner of the property must have known about the hazardous condition and been negligent in remedying it. The hazard must have been present long enough for the owner to have had ample time to remedy the problem before the accident occurred.
Most slip and fall accident and premises liability cases hinge on whether the property owner knew there was a hazard before someone got injured, and was not sufficiently diligent in remedying it. Rarely, the injured party can cite that an owner was in violation of a relevant statute or code relating to the case (ex. improper distance between steps in a stairway).
Here’s a breakdown of the most common property and business liability case types and injury scenarios. Find your specific case and learn how to determine liability and get compensation for your damages.
Premises Liability Case Types
Business Liability for Injuries
If you've been injured on business property due to owner or employee negligence, you may be entitled to compensation. Start with an overview of all business insurance claims, then learn more about the different types of business liability scenarios.
Residential Injuries in Homes and Apartments
Homeowners insurance can be confusing. People often don't know what their policy does and doesn't cover, or how to file an insurance claim when injured. These pages will help. First, get an overview of homeowners claims, then read about different injury circumstances in the home.
Injuries in Other Locations
People get injured in all sorts of places and circumstances. Often it's difficult to know what to do or who to go to with an injury claim. We've addressed some of the most common locations where people suffer injuries due to the negligence of others.
Dangerous Conditions and Other Causes of Injuries
It's an owner's responsibility to keep their property free from dangers. If you've been injured due to a dangerous condition, or an owner or employee's negligence, you may be entitled to compensation. Here are some of the most common dangers causing visitor injuries.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Visitor Questions on Slip and Falls
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I live in the state of Hawaii. I had a slip and fall in Walmart due to a wet spot on the floor inside the store. I filed a report with the store and had a witness submit a statement as to what he saw happened. I was then contacted by the store’s insurance company... Read More >>
I was walking back from the store with my daughter, around the sewer grid where the water meter is located in the ground. Grass surrounds the concrete that sits there. Well there was a hole that developed where the dirt and grass were, and my foot went into the hole. I fell and hurt my... Read More >>
While traveling home to Washington State (November 2015) I tripped at the end of a moving walkway in Houston Bush (HIA) Airport and suffered a ruptured disk in my cervical spine. I’ve had extensive medical costs for MRI, physical therapy, and referral to an Orthopedic Surgeon. Additionally I am unable to do household upkeep and... Read More >>
I am being sued because a real estate agent that attended an open house fell and injured her knee when she didn’t notice that there was a step-down (approx. 4-5 inches) at the doorway into the next room. I purchased the home through my LLC and did cosmetic changes only. The threshold was there and... Read More >>
I was at a rehab hospital visiting my mom who was in the hospital being treated. It was a rainy day and I took the elevator to the 3rd floor. I got out of the elevator, took few steps, and slipped suddenly. I was helped by two nurses who got me up, and walked to... Read More >>
My college daughter was on campus and had just left one class and was on her way to her next one. Instead of taking the long way around the building using the sidewalk, she chose to take the shorter and most often used route by students – down the hill. There is no sign, fence,... Read More >>
My apartment complex has several staircases that are unstable and have steel that has rusted and is sticking up. I was coming down my stairs and my foot got stuck on a 2-3 inch piece of this metal, causing me to fall face first down the stairs, injuring my knee and neck. The apartment complex... Read More >>
I was hired to inspect a building under construction that had sat idle for four years. The new owners had the building for six months. I was in the dimly lit underground parking structure and fell into a sump well that had been left open and couldn’t be seen because of water pooling on the... Read More >>
While working as a CNA/BHT, a patient fell with me and caused my knee to start hurting. I was sent to Concentra for treatment and physical therapy. I did not have an MRI done and was told it was up to me. I did not feel like the Dr thought it was necessary. Since then,... Read More >>
In March of 2012, my daughter (then, 4 years old) and I were walking out to the Head Start bus when we slipped on black ice and her chin hit the pavement. A chunk of her chin flesh came out and she was unable to get stitches. The insurance company only offered to reimburse for... Read More >>
My 5 year old son was with me and our family waiting for my older son’s baseball practice to wrap up. My 5 year old found his way to a utility trailer which is always parked nearby the concession stand. He got on the trailer and the side entry gate collapsed on top of him,... Read More >>
I live in Washington state. It was about 9pm and I was walking on the sidewalk. It was dark so I did not see the particle board laying across the sidewalk. It had just stopped raining. When I stepped on the board I slipped and fell hard onto my left side. I broke or cracked... Read More >>
I was walking on the sidewalk to catch the bus. I did not notice a hole that was left open from a tree that was pulled out and wasn’t covered back up. I unknowingly stepped into the hole and fell and broke my ankle. There were no warning or caution signs or yellow tape that... Read More >>
My son feeds the horses in the morning before he goes riding. This particular day he did not, so I had to do it. We had just recently had a “roadsider” (~80 bales) of hay delivered. In order to get at the next bale, I had to climb up onto the stacked pile. Once on... Read More >>
While waiting for his baby sister to be born, my 4 year old grandson fell off a couch in the hospital waiting room, striking the edge of a glass-topped coffee table on the way to the floor. The impact opened two cuts near his eyebrow. Nurses and an attending pediatric doctor from an adjacent pediatric... Read More >>
On September 30, 2013 I parked in a popular local restaurant’s parking lot and exited my car. I noticed the parking lot was very dark but full of vehicles. As I was walking from the lot into the restaurant I tripped on something by the handicapped parking sign, falling and scraping both hands, both elbows,... Read More >>
I own a small business and I have chairs in my business. A large man came in to my business, went to sit in a chair and slid out of it. I am now being sued in small claims court. The chair is not faulty at all and I have signs that say “not responsible... Read More >>
I’m from Michigan. A few years ago I wrote a letter to my neighbors about their oak trees encroaching onto my property and the acorns that fall onto my deck as a result of the over hanging branches. In my letter I indicated that I am concerned about falling and injuring myself from slipping on... Read More >>
I broke my ankle (both bones tibia and fibula) on uneven, broken pavement where I rent my home. I had to have surgery resulting in a piece of hardware and 8 screws being placed in my ankle. Since then (this happened 3 years ago) the owner fixed the pavement. I live in California. Am I... Read More >>
I was shopping in a store with my mother and 3 young daughters. We were standing still looking at a display. I shifted my footing (I have pre-existing conditions that affect the left side of my body and it is very painful for me to stand). When I shifted I said “Ow, it feels like... Read More >>
I was at my son’s apartment complex and I took the trash to the community industrial dumpster. The steel door is a pull down (hinged at bottom), but the springs were broke with no notification. So when I pulled the door open, it just fell, crushing 3 of my fingers between the steel handle and... Read More >>
I was walking into my apartment building and rolled and broke (5th metatarsal) my foot on uneven pavement. It’s my driving foot and I needed to see a surgeon who said I would be in a walking air cast boot for the next 10-12 weeks, which means the rest of the summer! What are my... Read More >>
I was walking my dog on his nighttime walk, and as I came back around to the block I live on, I started to walk on the sidewalk in front of my next door neighbor’s house. With one step, my feet flew out from underneath me. The back of my head hit the ground first,... Read More >>
My daughter fell while in gym class at school and broke her wrist while playing a game. She fell because of a wet gym floor that was slippery from a rain shower that just occurred. The ceiling had a leak that caused the floor to get wet. Is the school liable for her injuries and... Read More >>
While walking down the isle at a large food wholesale store I slipped and fell on soup spilled on the floor. I had a lower back strain, neck strain and a bruised right knee. I think that the store or the person who handles the samples at the store is responsible and should pay my... Read More >>
I had knee surgery in January. This past Saturday I slipped and fell at the entry way in a parking lot. It forced my knee to bend way more then it has since the surgery. I immediately notified the greeter inside the door, then called back the next day and filed an incident report with... Read More >>
I slipped on fell in a restaurant due to water on the floor. This happened last Wednesday. I filled out an incident report and was told corporate was going to contact me. How long should I wait? Is there anything else I should be doing while waiting? Thank you for any info you can give. Read More >>
My granddaughter and I were at a well known restaurant in the down town area in Sacramento, CA. We were sitting in a booth set. My grand daughter was sitting on the inside of the booth and I was sitting at the open end of the booth. Dividing the booth next to us was a... Read More >>
I was sitting in a chair at a restaurant in New York City. I wanted to pull my chair in closer to the table, so I reached between my legs to grab the chair and pull it in closer to the table. As I reached underneath to grab the chair while simultaneously raising my body... Read More >>
This is the accident settlement letter of notification I’m working on, which your site has helped me craft, which gives the details and the legal rationale for my claim for the incident where I incurred the loss. It’s just a rough draft. But, I’m having trouble figuring out what is a reasonable amount to demand... Read More >>
My father-in-law had a bad back. He went into a store in California and walked over to ask an employee who was stocking shelves where an item was. He turned around to go where the employee pointed to and did not see some small boxes to the side of him which caused him to have... Read More >>
I was getting on an elevator when all of a sudden my foot slipped I fell and hit my head. I suffered a concussion with whiplash and minor memory loss. It’s been 3.5 months. I’ve been suffering from headaches, neck pain, dizziness concentration problems, etc. I have not been able to work. I am seeing... Read More >>