A slip, fall or trip accident refers to a situation when a person suffers an injury by slipping, tripping and falling due to dangerous conditions in a particular property. This type of accident can occur in different locations under numerous hazardous circumstances.

Hazardous or dangerous circumstances refer to the failure of the landowner or proprietor to provide counter measures to prevent accidents from happening. Usually, a slip and fall or trip and fall accident occur when the location of the accident evidently showed long-term hazards such as poor lighting, broken stairs, slippery floors and the like which the management failed to act upon immediately.

Hence, the landowner or proprietor may be held accountable for the injury if proven that the accident happened due to negligence. For more articles like this, bookmark www.Slipandfallaccident.net

NEGLIGENCE DEFINED

Negligence on the part of the landowner or proprietor (the defendant) is established when the injured or plaintiff proves that the defendant failed to show adherence to certain rules on safety and this failure to do so led to the plaintiff’s injury.

However, proving that the defendant is negligent is not sufficient to file a claim. The defendant also has the right to classify whether the plaintiff is an invitee, licensee, or trespasser to his property.

THE INVITEE, LICENSEE AND TRESPASSER

The plaintiff’s type of entrant shall determine the extent of liability of the defendant.

An invitee is a person who enters an establishment with the formal or actual invitation of the landowner or proprietor. The landowner or proprietor is aware that the invitee is coming. An invitee should receive the highest form of consideration. The landowner or proprietor must ensure that the property is safe from all hazards once the invitee arrives. A thorough inspection is required. Invitees may be shoppers of a supermarket, diners of a restaurant, movie-goers, and party-goers, among others.

No duty falls on the landowner or proprietor if proven that all necessary precautions were done to ensure that the invitee shall not suffer a slip and fall or trip and fall injury other than because of the invitee’s own carelessness.

A plaintiff, on the other hand, is classified as a licensee if he or she enters the establishment with the permission of the landowner or proprietor not for the latter’s benefit but for his own advantage. It is the duty of the landowner or proprietor to give necessary warnings to the licensee of known hazards which a first-timer may not be aware of.

The landowner or proprietor has no obligation to neither inspect nor fix defects but he or she has the responsibility to ensure that the licensee is aware of potential hazards.

A trespasser receives no invitation or permission nor is he or she welcome to enter the establishment. The landowner or proprietor is not liable for possible slip and fall or trip and fall accident when he or she is unaware of a trespasser. Once made known that a trespasser is in his area of responsibility, it should be properly observed that warnings are issued.

CONCLUSION

If you are involved in a slip and fall or trip and fall accident, it is highly advisable to seek legal advice to determine your eligibility to file for a claim.

Author: Benedict Yossarian

At some point in life, most people have tripped and fallen to the ground. Most slip-and-fall injuries are caused by a sudden or unexpected change in the walking surface. An accident can occur if we are not previously aware of a change in the surface making us unable to change our behavior to avoid the fall. When a fall is caused by the carelessness of another person, then the fall can be cause for a slip-and-fall claim.

‘Slip-and-fall’ is a term used for a personal injury case in which a person slips and falls and is injured due to the negligence of another person. These type of accidents fall under the broader legal term, ‘personal premises liability.’ ‘Premises’ means that the fall took place on someone else’s property. The owner of the property may be held legally responsible for the accident. Properties can include a home, business, government facility, public property, town or city property,etc.

There are many situations that can result in a person falling. This can include poor lighting, wet floor, narrow or damaged stairs, a change in the surface of the floor, and torn carpeting. Hazardous conditions such as snow, ice, or rain on the ground, a pothole, cracked pavement, and damaged stairs or escalators, can result in a slip and fall incident.

When walking in a public place or on another person’s property, we have the right to be informed about any hazards that may likely cause us harm. If we are aware of a dangerous situation, and choose to proceed, we assume some risk. If we are not informed of a hazardous situation, and we are in an accident, the owner may be held liable for the accident.

When determining whether a business or property owner knew of a hazardous condition, the following must be proved:

- The owner was responsible for creating the dangerous situation
- The owner was fully aware of the hazardous situation and failed to remove, repair, or properly inform people about the hazard
- The hazardous situation existed for a long enough time that the owner should have become aware of the situation and took the necessary steps to correct it.

There is no accurate way to determine slip and fall negligence. Generally, for a person to be held liable for another’s slip and fall accident, it must be shown that the owner was careless in preventing a trip and fall condition and the victim had no way knowing about the hazard so they could not take the necessary steps to avoid the accident. A dangerous condition must present an unreasonable risk to a person on the property. For example, if a person falls because they were not looking where they were walking, the owner may not be at fault even if a serious injury occurs.
Slip-and-fall claims can be quite complicated. They can involve giving depositions, filing the appropriate paperwork, enlisting expert witnesses, and using the services of professionals who reconstruct slip-and-fall accidents. A personal injury attorney will be able to determine whether or not you have a personal injury claim. An attorney who has experience with slip-and-fall claims will know how to handle all of the details involved with proving a claim.

It is important to be aware of your environment when you are out and about. Unfortunately, there are situations where you may not be aware of the dangers. This can result in a slip and fall accident. If you suffer an injury from a slip and fall, seek medical attention immediately. If you feel someone else is responsible for the accident, consult with a personal injury lawyer.

Author: Amy Nutt

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