Slip and Fall Accident Injury Claims

Where Do Slip and Fall or Trip and Fall Accidents Happen?

Slip and fall or trip and fall accidents typically occur in areas where the premises are not properly maintained. Some of the most common locations for slip and fall/trip and fall accidents include residences, stores, restaurants, shopping malls, and sidewalks. If you are involved in a slip and fall or trip and fall accident that occurs on any of these premises, you may be able to file a claim or lawsuit against the owner or manager of the property.

Duty of Care Owed

The duty of care owed by a property owner or manager depends upon the accident victim’s status on the property when the accident occurred. When it comes to public places, such as stores, shopping malls, restaurants, and other similar areas, patrons are typically viewed as business invitees. This is because these individuals are on the property for the sole benefit of the property owner.

Business invitees are owed an extremely high duty of care. Property owners and managers have a duty to regularly inspect their premises for unknown dangerous conditions and to properly remedy or warn about any dangerous conditions which are known. If a property owner or manager fails to take the necessary actions to repair or warn invitees about a dangerous condition, and a slip and fall or trip and fall accident occurs, the property owner or manager may be liable.

As opposed to business invitees, licensees are individuals who are on someone else’s property, usually as a social guest. When it comes to social guests, property owners have a duty to warn about known dangerous conditions and other defects on the premises.

Finally, if an individual is trespassing on another person’s property, then in many cases, the owner does not owe a duty of care to that individual. However, there are some exceptions for known trespassers and child trespassers.

Burden of Proof

In order for a slip and fall or trip and fall accident victim to recover damages from a property owner, he or she must be able to demonstrate that the property owner had a duty of care, violated that duty, and caused the slip and fall or trip and fall accident which led to the accident victim’s injuries and damages.

Slip and fall/trip and fall accidents can result in serious injuries, including broken bones, soft tissue injuries, back injuries, paralysis, and traumatic brain injuries, just to name a few. Assuming the accident victim suffered personal injuries as a result of the fall, he or she may be able to pursue damages against the property owner, including compensation for medical bills, lost earnings, mental anguish, pain, suffering, and inconvenience.