Slip and Fall Accident Information and Lawsuit
Case Examples...
A slip and fall accident is a particular type of tort case.
If a person trips, falls and is
injured on someone else's property, there is a chance that 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
property.
Conditions
deemed contributory to a slip
and fall accident include:
-torn carpeting
-a wet floor
that isn't properly marked
-poor lighting
-stairs without a hand railing
-a
handicapped-accessible walkway with inadequate handrails
-even a 3" drop in an elevator
The two main
elements for determining fault are:
(1)
whether or not the property owner
acted reasonably to prevent slipping and falling, and
(2)
whether or not
the injured party was exceedingly careless.
The process of establishing a slip and fall case
is a bit murky – the precedents are all over the board.
The initial investigation should determine if the cause of the slip and
fall accident was due to a pre-existing
dangerous condition and if it could've 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 created 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.
A slip and fall accident case often hinges on
whether the property owner knew there was a hazard before someone got
injured and was not sufficiently diligent in remedying it.
Very rarely,
the injured party can cite that an owner was in violation of a relevant
statute or code relating to the case (e.g. improper distance
between
steps in a stairway).
The likelihood of winning a slip and fall case
increases when the injury occurs on a commercial property. This
increase stems from the fact that commercial
properties open to the
public have strict requirements for what is and is not acceptable
levels of risk. Getting a viable case out of a residential
property is
more difficult.
Many commercial
establishments carry insurance to cover indemnity in this type of
action. As a result, most slip and fall accident cases are settled out
of court.
Premises Liability Case Studies:
Slip and Fall Personal Injury
Lawsuit
- This case deals with a common situation in which a woman slips on a
puddle in the grocery store. The plaintiff argues that liability is on
the store owner since there was no warning of a hazardous condition.
Premises Under
Video Surveillance
- A woman slips on a spilled drink while shopping at the mall and
breaks her arm. Video surveillance showed that no mall staff inspected,
cleaned or warned shoppers of the hazard for over 2 hours.
Read the following real life case examples to
better understand legal issues in a slip and fall accident:
Slip
and Fall Accident Attorney Seeking Damages for a Fall in a Parking Lot
- In this court case the plaintiff and her slip and fall accident
attorney are seeking damages after the plaintiff fell on ice in a
parking lot outside a pizza parlor.
Construction
Accident Lawsuit Seeking Damages After Loose Masonry Causes Injuries
- In this construction accident lawsuit a general contractor is seeking
to be released from liability for a woman's injuries based on the
Indemnification Agreement they had with a subcontractor.
Premises
Liability Claim Related to a Sidewalk Defect
- In this case the plaintiff is making a premises liability claim and
seeking damages for personal injuries incurred after tripping and
falling over a raised metal cap in the sidewalk.
Slip
and Fall Lawsuit Involving an Icy Driveway
- In this slip and fall lawsuit, the plaintiff alleges the
defendant was negligent in not keeping their driveway clear of snow and
ice, causing a dangerous hazard and resulting in injury to the
plaintiff.
Premises
Liability Lawsuit Seeking Damages In Excess of a Previous Settlement
- In this premises liability lawsuit the plaintiff asks the court for
damages for injuries sustained in a fall at work. The plaintiff
previously signed a settlement agreement but believes he was deceived and now wants more money.
Slip
and Fall Accident Case Involving a Plaintiff Falling on a Train Platform
- In this slip and fall case the plaintiff alleges negligence on the
part of the city owned train company for having too large a gap between
the train and the platform.
Slip,
Trip and Fall Lawsuit Where Plaintiff Fell While Walking Up a Staircase
- In this slip, trip and fall lawsuit the plaintiff is asking the
court to award damages for injuries sustained as a result of falling on
an office building's defective staircase.
Return
from Slip and Fall Accident to the Personal
Injury Settlement Guide
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