Differences Between Trip and Fall and Slip and Fall Claims

Here’s how a trip and fall differs from a slip and fall, and what that means for your personal injury case. Protect your legal rights to fair compensation.

At first glance, you might think that “slip and fall” and “trip and fall” mean the same thing.

In legal terms, “trip and fall” describes a different type of incident with a different type of injury. The differences can change your legal claim.

Slip and falls are caused by slick surfaces and victims usually fall backward.

Trip and falls are caused by obstacles that trip up a person and make them fall forward or to the side.

As with all personal injury claims, the value of a trip and fall case largely depends on the specific facts of the case.

Slip and Fall Accidents and Injuries

Slip and fall accidents usually happen when the floor or ground is made slick or slippery. When you put your weight on the slick surface, your feet slide out from under you and you typically fall backward, onto your bottom, hips, or your back.

These kinds of falls can result in serious injuries to your head, neck, back, and various other body parts. Common causes of slips and falls are snowy or icy sidewalks, a wet floor, or some other slippery surface.

Case Example: Icy Parking Lot Causes Slip and Fall Injury

Paul was staying at a big hotel with a private, secured parking lot for guests. It’s the busy holiday season, with parties and business conventions booked every day. However, it was a bad winter with frequent ice and snow storms.

Paul’s company hosted a business conference at the hotel. One evening, Paul was carrying a box of conference materials as he headed to his car. The parking lot was still covered with snow from the night before.

Because of the snow cover, Paul didn’t see the icy patches on the untreated parking lot.

He slipped and fell, slamming the back side of his head and body to the asphalt. A concussion and dislocated shoulder kept Paul out of work for several weeks.

Trip and Fall Accidents and Injuries

Person tripping over a wire

Trip and fall accidents happen when there is some kind of obstruction on the floor or ground. This dangerous condition, known as a “tripping hazard,” can catch someone’s foot or leg while they are walking or running.

The momentum of a trip and fall accident usually results in the victim falling forward and suffering an injury.

Trip and fall accidents tend to injure different parts of the body. Hands, arms, knees, elbows, and the face can all be potential areas for trip and fall injury claims.

Case Example: Jury Awards $3 Million in Trip and Fall Case 

Lynda Sadowski was walking through the Jack Casino when she tripped over a flattened Wet Floor sign, falling forward and fracturing her kneecap. Her knee required surgical repair and left her with diminished mobility.

Casino security film showed that another customer had knocked over the sign earlier. Moments before Sadowski’s fall, a casino employee walked around the flattened sign without picking it up.

The casino argued that Sadowski wasn’t watching where she was going. Sadowski’s attorneys argued the casino “failed to use ‘ordinary care’ for Sadowski’s safety and failed to maintain a reasonably safe environment, resulting in the injury.”

The jury agreed with Sadowski, awarding $3 million for her injuries and pain and suffering.

A trip and fall accident can happen anywhere. Perhaps a crowded antique shop’s narrow aisles are strewn with merchandise that present tripping hazards. Or a rubber mat in front of a building entrance bunches up and presents a tripping hazard. Maybe a veterinarian allows unleashed animals in the office that then get tangled under guests’ feet.

Besides having different causes, trip and fall accidents can also cause different kinds of injuries.

FOOSH injuries (Fallen Onto an OutStretched Hand) are common. FOOSH injuries can include broken wrists, broken arms, and ligament tears. People who trip and fall forward can suffer significant facial trauma and head injuries.

Who Pays for Slip or Trip and Fall Claims?

Person going up the stairs

As with slip and fall cases, trip and fall injury claims are usually premises liability claims. This means that the property owner or manager is the main person responsible for the trip and fall injury.

In most cases, the property or business owner should have control and responsibility for any fall hazards on the premises.

Were you hurt while patronizing a business? There is probably at least one commercial general liability insurance policy that can compensate you for damages.

If you suffered your trip and fall injury at someone else’s home, their homeowner’s insurance policy or renter’s insurance should compensate you for your injury.

There may be other parties responsible for your fall accident. For example, if the owner has leased a commercial property to a business, the business owner may also have responsibility for your injury. If your fall was due to the intentional behavior of a third party, they may also be liable in addition to the owner of the premises or business.

Also keep in mind that slip or trip and fall injuries may give rise to product liability cases.

Examples of product liability in fall claims:

  • If a slip and fall was caused by a pool of melted ice leaking from a defective grocery store freezer, the freezer manufacturer may share responsibility for your injuries.
  • If a trip and fall was caused by a defective hotel rug, the manufacturer of the rug may also be liable for your injury.

Pursuing Payment for Fall Damages

Man pointing to a document on the table during a meeting

After figuring out who should pay for your fall injury, the next question is how to pursue a claim to compensate you for your injury.

Decide if you can handle your own trip and fall claim or if it should be handled by a personal injury attorney.

Create an injury claim document file for organizing your medical bills, medical records, and other evidence of how your injury has affected your life.

You’ll also need evidence of the property owner’s negligence, such as photographs of the accident scene and witness statements from people who saw what happened to you.

If you decide to handle your own claim, put together a demand letter so the insurance adjuster can see your damages and decide whether to offer you a settlement. Keep in mind that insurance companies tend to offer less money to unrepresented claimants in the hope they’ll take a quick settlement and go away.

If you cannot settle with the insurance company, you may need to file a personal injury lawsuit. If you haven’t already consulted an experienced attorney, now is the time to get legal advice. The evidence that you gathered for the insurance company will be useful here.

Most claims settle out of court. However, if your attorney takes your trip and fall case to trial, the jury may award a monetary judgment. For example, if you have a broken wrist FOOSH injury, you could get as much as $80,000-$120,000 from a favorable jury verdict.

Minding Your Step

It’s always important to watch where you’re walking and to be careful. But you can’t be responsible for everything, all the time. When you step onto someone else’s property or patronize their business, they need to make sure that you can safely walk through their parking lot, sidewalks, walkways, and buildings.

Never leave the scene of a trip and fall accident without notifying the property owner or manager. If you’re injured at a business location, ask the manager to fill out an incident report.

Seek prompt medical treatment after a slip or trip and fall injury. Tell the medical prover when, where, and how you were injured. You’ll need proof of the accident date and location, along with evidence of your injuries for a successful claim.

A broken wrist or a broken nose may not be fatal. But these injuries can be painful and expensive. You deserve to be compensated. If you or a loved one has suffered a fall injury caused by someone else’s negligence, contact a personal injury law firm in your state for a free consultation.