A slip and fall injury, also known as a trip and fall, is a
premises liability claim, a type of
personal injury
Personal injury is a legal term for an Injury (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...
claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a
tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
. A person who is injured by falling may be entitled to monetary
compensation for the injury from the owner or person in possession of the premises where the injury occurred.
Liability for slip or trip and fall injuries may arise based upon a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
's ownership of the premises where the injury occurred, their control of the premises, or both. For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's
landlord
A landlord is the owner of property such as a house, apartment, condominium, land, or real estate that is rented or leased to an individual or business, known as a tenant (also called a ''lessee'' or ''renter''). The term landlord appli ...
) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the sidewalk or in the parking lot of a shopping mall.
Property owners have two basic defenses to slip and fall claims:
*Lack of negligence: The defendant may argue that they were not negligent in creating the condition that caused a person to trip or slip, or were not negligent in correcting the condition before injury occurred. For example, the owner of a grocery store may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of
due diligence
Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care.
Due diligence ...
, a typical store owner acting with reasonable care would not have had time to discover the danger and take measures to mitigate the danger.
*Lack of fault: The defendant may claim that the injured person was responsible for his or her own injury. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana peel on the floor, and take those measures necessary to avoid slipping on it.
Evidence For Slip, Trip Or Fall Injury Accidents
All slips, trips and falls claims must be supported with sufficient evidence that proves you suffered your injury due to a relevant third party breaching their duty of care.
Some examples of evidences are:
* Photographs of the accident scene.
* A copy of your
medical records
The terms medical record, health record and medical chart are used somewhat interchangeably to describe the systematic documentation of a single patient's medical history and care across time within one particular health care provider's jurisdict ...
.
* The contact information of any
witnesses
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
A witness might be compelled to provide testimony in court, before a grand jur ...
.
* Footage or other records of the accident.
See also
*
Premises liability
*
Wet floor sign
*
Fall (injury)
References
Civil law (common law)
Personal injury
Tort law
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