A slip, trip and fall dispute is a type of premises liability claim. It usually involves injuries caused by unsafe or dangerous floor conditions in a business or retail store. Slip and fall injuries usually result from slippery floors caused by spilled liquids or grains. Trip and fall claims usually involve a failure to remove an object from the floor that causes the fall.There are also similar incidents known as "step and fall" and "stump and fall" accidents.
In slip, trip and fall lawsuits, injuries can include back, neck, spinal, or head injuries. Hip injuries are also common, as a person can easily land on their hip after a slip or a fall.
Slip, trip and fall lawsuits are usually based on a negligence theory of law. In order to prove negligence, it must be shown that the defendant breached their duty of care to the victim, and that the breach was the actual cause of the victim’s injury.
For instance, with a slip and fall claim, it might be a breach of duty if the shopkeeper failed to mop the floor after a spill in an aisle. If the plaintiff slipped and was injured as a result of the failure to mop the floor, it might form a basis for a negligence claim.
Or, in a trip and fall claim, a similar breach of duty might be found if a shopkeeper failed to pick up a broom that was left protruding into the aisle. Here, such a breach could form the basis of negligence if the plaintiff tripped on the broom and suffered injuries.
In many states, it must also be shown that the plaintiff did not contribute to their own injuries due to their own carelessness or negligence.
A common remedy for a slip, trip and fall case would be a legal damages award. This would be paid by the defendant to the plaintiff, in order reimburse them for losses sustained in connection with their injuries. This usually includes medical expenses, hospital bills, and other losses. In some cases, special damages may be issued for other losses, such as a lost wages.
Slip, trip and fall lawsuits generally require the assistance of a professional when filing in court. You may wish to hire a qualified personal injury lawyer in your area if you need help filing an injury lawsuit. Your attorney will be able to assist you in developing your case, and can provide you with legal representation during the court hearings.
Last Modified: 10-27-2015 01:53 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.