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Slip and Fall Accidents — Who’s at Fault?

slip and fall accident

Slip and fall accidents are some of the most common types of accidents, happening every single day. While slipping and tripping can happen to anyone, it’s different when the fall is caused by another party’s negligence.

After suffering injuries in a slip and fall accident, contact The Joel Bieber Firm for legal guidance. 

Where and How Slip and Fall Accidents Commonly Occur

 

Slip and fall accidents can happen almost anywhere at any given moment. All you need is something to cause you to lose your footing and fall, causing injury.

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These types of accidents occur in any location but most often tend to happen at the following places:

  • Hotels
  • Resorts
  • Stores (grocery stores, department stores, etc.)
  • Bars and restaurants
  • Office buildings
  • Amusement parks
  • Hospitals and medical treatment facilities
  • Nursing homes
  • Apartment complexes 
  • Construction/work sites

Slip and fall accidents can happen anywhere within these locations, including:

  • Pool area
  • Lobby
  • Sidewalk
  • Driveway
  • Elevator
  • Escalator
  • Stairs

The cause of slip and falls typically depends on the area where it occurs. For example, wet floors are common at grocery stores because spills often happen. Some of the other common causes of slip and fall accidents include:

  • Loose flooring or carpeting
  • Raised or wrinkled rugs and mats
  • Uneven flooring
  • Exposed cords or wiring
  • Damaged handrails or banisters
  • Poor lighting
  • Cluttered walkways

No matter where your slip and fall happened or what caused it, speak to a slip and fall lawyer as soon as possible after suffering injuries. Depending on the details of your case, you may have a valid claim for damages. 

Injuries Often Resulting from Slip and Falls

 

Although one might not think a simple slip and fall accident could result in such serious injury, it could, especially when it’s a bad fall. Injuries from slip and fall accidents could potentially include:

  • Cuts and lacerations
  • Fractures
  • Broken bones
  • Joint dislocations
  • Head and brain injuries
  • Back injuries
  • Muscle sprains and strains
  • Spinal cord injuries
  • Internal injuries

The worse your injuries, the more medical care you’ll need. More medical treatment means a greater amount of money needed to cover medical expenses. This is one of the primary reasons slip and fall accident victims choose to file claims for compensation. 

Slip and Fall Accidents Fall Under Premises Liability

 

Under Premises Liability

Slip and fall accidents have to do with “premises liability.” Premises liability falls under the umbrella of personal injury law, the area of law that protects victims harmed by another’s actions.

Under premises liability, property owners have a duty to almost anyone who sets foot on their premises. This duty requires them to be mindful of potential hazards on their property and take appropriate steps to correct issues.

Generally, owners have a duty only to invitees and licensees. An invitee is a person who enters a property for a reason connected to the purpose of the property. For example, individuals who visit grocery stores, restaurants, and hotels are all invitees.

Licensees are individuals welcomed onto a property for social purposes. For instance, when you visit a friend at their home, you are considered to be a licensee. 

Property owners do not owe a duty to trespassers, as these individuals are not legally allowed on the property to begin with. However, owners are not allowed to purposely cause trespassers harm. 

Having the help of a lawyer who is experienced with premises liability cases is critical to the success of your claim. 

Determining Fault

 

Establishing liability for a slip and fall accident claim is one of the trickiest parts. This is because, to pursue compensation for a property owner, you must have sufficient evidence to prove they had a duty to you and breached this duty. 

Property owners owe a duty to their invitees or licensees, and when they breach these duties, they could be liable for any harm and losses the victim suffers. The type of duty owed depends on the status of the victim at the time of the incident. 

When a party is an invitee, property owners, and occupiers owe them the following duties:

  • Maintain the property in reasonably safe conditions
  • Protect invitees from dangers they are aware of or should be aware of
  • Warn invitees of potential concealed dangers they know of or should reasonably know of that are unknown to the invitee

When a party is on a property as a licensee, owners, and occupiers still owe them a duty but not at the same level as an invitee. These individuals have a duty only to take reasonable care to protect licensees from any dangers on the property they are aware of, but they are not required to inspect for further risks that could be unknown. 

What’s needed to prove liability in a slip and fall case depends on your status on the property as well as the details surrounding your circumstances. It’s important to determine:

  • Whether the property owner or occupier knew or reasonably should have known, of the danger that caused your accident
  • Whether the property owner or occupier took steps to limit the risk of harm, like posting warning signs
  • Whether the property owner or occupier knew the danger existed but failed to take action to fix it

These and other factors can help your slip and fall lawyer determine fault and what steps are needed to successfully establish liability. 

Evidence Is Key When Proving Liability in a Slip and Fall

 

Evidence is one of the most important ways to prove fault in a slip and fall accident. Strong evidence like the following can help build your case:

  • Cell phone photos and videos
  • Surveillance footage
  • Witness statements

Your lawyer can work diligently to request and obtain all necessary evidence and documentation to prove liability and help you receive the monetary slip and fall cases settlement amounts.

An Attorney Can Help Prove Fault and Fight for Justice 

 

After a slip and fall accident, you don’t have to take on the burden of handling your claim alone. A qualified Baltimore personal injury attorney at The Joel Bieber Firm can help you determine the cause of your accident, prove fault, and pursue justice and compensation for the wrongs done to you.

Contact us today to schedule a complimentary consultation


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