Slip trip and fall accidents are among the most common — and most dangerous — types of accidents that occur on someone else’s property.
They also happen quickly. Wet floors at a grocery store. Cracked sidewalks outside a business. Poorly lit stairwells inside an apartment complex. One moment you’re minding your own business…
The next moment? You’re on the ground with a serious injury.
The Problem?
People don’t realize that property owners have a responsibility to keep people safe while on their property. When they don’t do that, their oversight doesn’t just become an accident. It becomes a legal issue known as premises liability.
What You’ll Learn:
- What Premises Liability Really Means
- Why Property Negligence Is So Serious
- How To Prove the Property Owner Was Negligent
- When To Call a Premises Liability Lawyer
What is Premises Liability?
Premises liability is a legal concept that holds property owners responsible when someone injures themselves on their property.
Here’s an example…
A property owner has a duty to provide a reasonably safe space for visitors. That means keeping the environment safe for customers, guests, tenants, delivery workers, etc. If a property owner knows about a hazard — or should have known about it — and fails to fix it, they can be held liable for any injuries that occur as a result.
That’s when a premises liability lawyer steps in to help victims go through a personal injury trial and seek compensation for their medical bills, lost wages, pain and suffering, etc.
Without proper legal assistance, proving negligence can be difficult.
Here’s a scary statistic:
Approximately 8.8 million individuals visited emergency rooms in 2023 for fall-related injuries alone. Falls happen. But a lot of those injuries were caused by property owners not taking care of preventable hazards.
Property Negligence Isn’t Always Accidental
Let’s backtrack for a second…
Not every trip or slip results from neglect on behalf of the property owner. But many do.
Common forms of property negligence include:
- Wet floors without caution signs
- Broken or uneven sidewalks/walkways
- Poor lighting in parking garages/stairwells
- Loose railings/furniture
- Slippery sidewalks from ice that hasn’t been properly treated
All of these things can easily be fixed. But when property owners don’t take the time to make their space safe, someone could get seriously hurt.
Think about the healthcare costs associated with slip and fall accidents every year. That’s roughly $70 billion in medical bills and workers’ comp payments.
The injuries aren’t minor either.
Broken bones, traumatic brain injuries, spinal cord damage…these are all common injuries that come from slip and fall accidents. They can completely alter someone’s life.
Proving Negligence After a Slip & Fall Accident
This is the part most people get stuck on.
Filing a premises liability lawsuit against a property owner is more than just proving you slipped and fell while on their property. There are four elements you need to prove to have a successful case. Time to dive in…
Someone Was Legally Responsible for Maintaining Safety
The property owner was responsible for providing a safe environment. The property owner “owes” this duty of care to any person that enters their property. Whether you’re invited there or not.
Someone Was Negligent
The property owner did not hold up their end of the bargain. They knew (or should have known) about the hazard and failed to fix it. The question you must ask yourself is: would a reasonable person in the same situation have acted the same way the property owner did?
Someone Was Injured Because of the Unsafe Conditions
The unsafe condition was the direct cause of the injury suffered. This may seem like an obvious point, but you have to be able to draw a clear connection between the hazard and the injury.
Someone Was Actually Hurt
The injured party suffered damages as a result of the injury. This can come in many forms: medical bills, loss of income, pain and suffering, and so on.
Sounds simple enough, right?
Actually proving these things will require evidence. Lots of it. Which is why hiring a knowledgeable lawyer is always the best bet.
Collecting video footage, witness testimonies, medical records, and past maintenance requests will be crucial to proving the case.
When You’ll Want a Premises Liability Lawyer On Your Side
If you take away anything from this article, let these two things sink in:
You don’t always need a lawyer to file a premises liability claim.
- If your injuries were severe enough to require medical attention or hospitalization, it’s time to call.
- If the property owner is outright denying they are at fault.
- If an insurance company contacts you with a quick settlement offer.
- If you lost wages from work due to your injuries.
- If you slipped and fell but there were no warning signs about the potential hazard.
Any of the above situations require you to speak with a premises liability lawyer. They know how to assess a case, gather enough evidence, and fight against insurance companies that try to give you a “quick settle.”
There’s a roughly 61% chance of losing the case if it goes to trial.
Only about 39% of premises liability cases that go to court are won by the injured person. That’s not a great success rate. Having an experienced lawyer on your side can mean the difference between walking away with nothing and the compensation that’s rightfully deserved.
Contact a lawyer as soon as possible. Evidence gets cleaned up, witness’ memories fade, and statutes of limitations expire quicker than you think.
Final Thoughts on Slip & Fall Accident Injuries
Slip trip and fall injuries are serious injuries that can occur when property owners aren’t maintaining their space.
Remember:
- Property owners are legally responsible for providing a safe environment.
- If they know about a dangerous condition on their property and fail to fix it, they can be deemed negligent.
- Proving negligence requires you to prove four different factors.
- Slip and fall accidents are extremely costly. They place a huge financial and physical burden on victims who suffer from injuries.
Property negligence can lead to life altering injuries that should never have happened. Stores don’t just randomly sprout slippery floors.
Slippery floors are caused by people walking through the store without caring where they step. It’s the business owner’s responsibility to ensure that everyone in their space is as safe as can reasonably be.
If you or a loved one was injured because of property negligence, seek the counsel of a skilled premises liability lawyer near you.