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FAQWhat is a "slip & fall accident?"To be very precise a "slip & fall" accident occurs when a person falls due to a slipperiness of the surface of the floor. The phrase has sometimes been used more generically, however, to include just about any fall that occurs on someone else's premises. In this broader context, it would include a "trip & fall" or a misstep and fall caused by a change in surface elevation. A more accurate term to describe all of the accidents that result from falls on premises would probably be "fall down" accidents.
What are the common causes of "slip & fall" or "fall down" accidents?The scientific cause of a true "slip & fall" would be the lack of sufficient friction between the shoe or foot of the victim and the floor. When the coefficient of friction is too low a slippery condition exists and a fall is likely. This can occur when an improper floor surface has been installed, such as a slick marble floor in a home for the elderly. It can also occur when an improper wax or sealer has been applied to the floor surface. Or, it can occur when a liquid or other material is on the floor surface. Another possible cause is the smoothness of the sole of a shoe. Still another possibility is a small mat or rug that easily slides on the floor surface when walked upon.A "trip & fall" can be caused by any small or low object that extends into a walking area, an unmarked step-up, a poor match of surface heights where carpet joins tile, or an open carpet seam. Any situation that would allow a foot to even momentarily "catch" can throw a person off balance and cause a fall. Missteps due to poor lighting or unmarked changes in surface elevation also cause many falls. A person who has no visual clue that a stepdown is ahead may literally tumble when it is unexpectedly encountered. Sometimes the tread portion of a stairway is too narrow or not consistent from step to step. Either situation is known to cause the loss of balance and falls. It should also be noted that the absence of proper handrails accounts for a significant number of falls, especially in busy malls or other shopping facilities. Handrails are not only important for support and stability ascending and descending stairs, but they provide critical visual clues that a stairway is ahead. The average person perceives a stairway more readily when there is an adjacent handrail to catch his attention.
Is the owner of the business or other premises legally responsible for injuries sustained in "slip & fall" or "fall down" accidents?The law in each state has developed certain principles that determine whether an owner is potentially liable when a person falls and is injured. The first question that is usually addressed by the law is the status of the injured person. Was the injured person a business customer, a social guest, a meter-reader, or a trespasser? In many states the obligation or duty of the landowner to the injured person changes to some degree depending upon the particular status of that person at the time of the fall.A good general statement that covers most falls would be that it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known, or should be known to him, if the conditions are not likely to be perceived by the visitor. Courts in Maryland frequently point out that this creates two separate duties: to maintain and to warn. Either one or both could apply in a given situation. Courts also state frequently that an owner is not an insurer of the health of the visitor. It is only when there is a breach of the particular duty owed to the visitor that there is legal responsibility for the resulting injuries. If an owner, or his employees, knows that there has been a spill of a liquid in aisle 5 he must act reasonably to clean up the spill and to prevent visitors from walking through the spill. The tougher question to answer is what is the legal responsibility of the owner when the spill has not been noticed by the owner or his employees before the visitor slips and falls while walking through it. In this situation the courts tend to examine the surrounding circumstances to see if the owner had what is called constructive knowledge of the spill in time to have cleaned it up or warned visitors. This inquiry usually gets into the operating procedures of the owner, the length of time the spill was on the floor, and the other activities going on at the time of the spill and fall. It is the responsibility of an experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees.
What are the defenses that I can expect will be raised against me in my claim based upon a fall on someone else's premises?One of the most common defenses is to deny the existence of any dangerous condition on the premises or to deny having timely knowledge of its existence. It goes something like this: There was no clear liquid on the floor in aisle five and, even if there were a clear liquid on the floor, we did not know about it in time to take any action. Or, it could be: The floor wax applied the night before the fall is specially designed to be abrasive in order to be slip resistant even when wet.At times, parts of this defense get rather technical and rely upon expert testimony. For example, an expert on building or safety codes may be brought into the case to say that the premises met or exceeded all requirements for the safety of visitors. Because of these anticipated defenses and in order to develop and present a solid case it is not unusual for the experienced personal injury attorney to retain the services of one or more expert witnesses during the investigation of the facts of the fall. Another common defense is to argue that you were careless or negligent is failing to observe the dangerous condition (the spill, the loose carpet, the stepdown, for example) and, as a result, should either have all compensation denied or reduced substantially. This defense is interesting if thought is given to how much effort is made to keep the business visitor looking at hundreds, if not thousands, of products, signs, displays, and images instead of at the floor. Still another common defense is to maintain that the fall did not cause you any new injuries nor aggravate any pre-existing conditions or diseases. Sometimes this defense argues that any injury that did result from the fall was only temporary in nature.
What should I do after a fall to protect my rights?Because a "slip & fall" or "fall down" accident occurs on the property of the potential defendant and you are usually assisted after the fall by the owner or his employees it is sometimes difficult to take the steps that would be prudent from a legal standpoint. It is a rare victim who requests the names of witnesses, the names of store employees, or to have a copy of any report completed about the fall. It is likewise rare that a victim thinks about getting photographs of the scene and any dangerous condition. You and every other injured person are probably focused on your potential injuries and just getting the humiliation of the moment behind you.As a result, most victims are questioned by the helping employees of the potential defendant and essentially hustled off the premises without really establishing any facts or gathering information that would be helpful in a later claim. For all of these reasons, probably the most logical step to take if a fall has produced an injury significant to you would be to contact an experienced personal injury attorney as soon as possible. He or she will be able to commence an investigation that has a reasonable chance of developing the supporting evidence and testimony that would be necessary to process a claim on your behalf. Do not grant interviews or give statements about the accident or your injuries without consulting with an attorney. Insurance representatives of the potential defendant owner are trained to be extremely pleasant, but their mission is to gather information to defeat or minimize your potential claim. They know that a statement taken from an unrepresented person who has experienced a fall is likely to provide some benefit to them. They are extremely well versed in the legal principles involved and the defenses at their disposal. Do not endorse any check or sign any release without consulting an attorney. Doing so may seriously impair your legal rights.
On the other hand, there are types of insurance coverage that may provide some early payment toward your medical expenses (medical payments coverage, for example) that may require your endorsement of a check. After an experienced personal injury attorney has reviewed the check and related matters it may be safe for you to accept the reimbursement without compromising your later claim against the premises owner. Attorneys traditionally do not charge any fee or percentage based upon the processing of a medical payments coverage matter.
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