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 residential property.
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.
Helpful Slip and Fall Injury Pages:
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 Premises Liability Claims
Should I hire an attorney or take what is offered for my back injury? On September 8, 2017, I was shopping at my local Publix the day before a hurricane was supposed to hit my town. There were several palates of water placed in the front of the store. There was only one left of the brand I liked which was directly on the floor. When I lifted it... Read More >>
When is a store held liable for a slip and fall? I live in Louisiana and was at my local Walmart. I was in a rush to exchange a book sack for my son and as I went to turn towards the isle, I slipped on something wet. I was able to stop myself from falling but not without hurting myself. I looked down and there... Read More >>
Is Hawaii a “modified comparative fault state”? 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 >>
Who is responsible for maintaining land where I tripped and fell? 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 >>
Tripped at end of moving walkway in airport terminal… 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 >>
Slip and fall at a residence owned by my business… 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 >>
Medical bills from fall on campus… 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 >>
Fell in a hospital on a rainy day… 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 >>
Tore my meniscus falling on stairs in my apartment complex… 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 >>
Construction incident… 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 >>
Claim for an old knee injury? 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 >>
Compensation for falling in unmarked hole in the sidewalk? 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 >>
Hurt in hospital waiting room… 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 >>
Customer slid out of chair… 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 >>
Liability for overhanging tree dropping acorns on porch? 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 >>
Suing for lifelong effects of ankle injury? 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 >>
Cut toe while in a store… 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 >>
Broke my foot on uneven pavement walking into my apartment building… 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 >>
Daughter Slipped on Wet Gym Floor and Broke Her Wrist… 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 >>
Slipped and fell on wet floor in restaurant… 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 >>
Child Cut by Mirror in Restaurant… 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 >>
Amputated Finger in Restaurant… 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 >>
Accident Settlement Letter of Notification for Injury in a Store… 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 >>
Slip and Fall on Wet Elevator 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 >>