A slip is when someone loses traction on a surface such as a wet floor, usually resulting in a backwards fall. A trip is when someone stubles over an obstacle or uneven surface like an uneven surface, usually resulting in a backwards fall. A fall is a broader term that encompasses both slips and trips but also falls from height such as falling off a ladder.
Regardless of the type of fall, it can result in serious injuries. If you or someone you love has suffered a fall due to someone else’s negligence then you could be owed compensation. You should speak to an experienced fall injury lawyer as soon as possible so that they can advise you on your next steps.
The Law Place can provide legal aid for your slip and fall injury lawsuits. Our team of attorneys has the combined experience of over 75 years and can make a big difference in any premises liability case. Our experienced fall injury attorneys work on a no-win, no-fee basis, so you can never be left out of pocket for reaching out for help.
Schedule your free consultation with The Law Place and speak with a qualified personal injury lawyer today. Each case is unique, and you could be entitled to more damages than you know.
Contact us today at (888) 224-6114.
What Is a Slip and Fall?
Slip and falls occur when someone slips on a foreign substance. This is a type of personal injury claim that is pursued in civil court. Typically, slip and fall accidents fall under premises liability claims and are pursued against property owners or employers whose actions or inaction made the area hazardous in the first place.
A slip and fall can happen anywhere. Oil or grease are common causes of slip and fall accidents, as well as water, ice, or cleaning product on the ground. It is important to make sure you are aware of your surroundings, but responsibility for maintenance and prevention of environmental hazards rests with property owners and managers.
For example, if you are walking down the aisle in a grocery store and slip due to tomato sauce being spilled on the floor, you may be entitled to seek slip and fall damages. This depends on if the responsible parties, in this case, the grocery store management and employees, provided adequate signage for the spill or attempted to clean up the spill in a timely and reasonable manner. If not, you have a legitimate personal injury claim to pursue.
What Is a Trip and Fall?
The difference between a slip fall and a trip fall is the environment that causes the fall to happen. While a slip fall is the result of a substance, a trip fall is the consequence of the building or structure itself. A pothole, exposed pipe, or crack in the pavement can catch on someone’s foot or belongings, causing them to fall and injure themselves.
An example of this is when an apartment is going through maintenance and a resident catches their foot on a loose brick in the hallway. While the resident may have known there was construction going on in their building, it is up to the building manager and owner to ensure the hallways are still safe to walk through and that adequate signage is apparent to warn anybody who may be unaware of the maintenance. The ground must be kept clear of hazards, regardless of the work that is being done.
What Are the Most Common Causes of Slips, Trips, and Falls?
According to The Center for Disease Control, unintentional falls are the leading cause of non-fatal injury in the United States. Slip and fall-related injuries are the cause of 15% of accidental deaths, second only to auto accidents.
In short, slip and falls are risky business. The causes of these types of accidents can vary, but some of the most common causes of these accidents are unsalted ice, loose floorboard
- Unsalted ice on walkways
- Loose floorboards
- Potholes in parking lots
- Exposed piping
- Uneven surface
- Uncleaned grease or oil
- Improperly placed wiring or extension cables
- Recently mopped or waxed floor
- Absence of a mat or other surface after a rainy day
- Improper footwear
What Are the Best Ways to Prevent Slips, Trips, and Falls?
If you are a property owner or responsible managers, The Occupational Safety and Health Administration gives you tips on how to prevent slip/trip and falls and the lawsuits that result from them:
- Keep floors clean and dry
- Display adequate signage warning of potential hazards
- Install adequate drainage systems for wet and hazardous work
- Use false-floor tools such as rubber mats when floors are wet
- Properly maintain hallways, aisles, and passageways
- Remove any obstruction from exits and fire doors
- Have a reporting system in place for hazardous environments and materials
- Act on reports of hazards immediately or as soon as possible
How Do I Claim Damages for a Slip, Trip, and Fall Injury?
To claim damages for a slip/trip and fall case, you must first prove that a responsible party was negligent in their duties, which directly resulted in your injury. Negligence is when an individual or party disregards the safety of others through their behavior. Determining that negligence occurred allows you to determine liability. Proving responsibility, negligence, and liability are the key components of your slip, trip, and fall claim.
According to Florida Statute 768.0755, a plaintiff must prove that a business or property owner had “constructive knowledge” of the injurious hazard. This means that the responsible party for the property must have been aware of the hazard and taken constructive steps to remedy the issue within an appropriate time frame. For example, if a restaurant has vegetable oil on the floor, the owner or manager must take steps to clean up the spill promptly and provide adequate signage to warn patrons of it.
Documenting evidence resulting from your slip/trip and fall is essential proof for your claim to calculate damages. There are many kinds of evidence you can provide your attorney, the court, and the at-fault party’s insurer. If you choose to hire a lawyer, they will collect as much evidence as possible to bolster the strength of your case.
What Is the Average Settlement for a Slip, Trip, and Fall Case?
There is no average settlement for a slip, trip, and fall case. Each case has unique circumstances that inform the amount that is owed to the victim. It is best to consult with a qualified personal injury attorney to find out how much your case is worth and how to pursue your damages or settlement.
Damages are your losses that make up the value of your settlement. Damages include:
- Medical Expenses – If you were injured due to someone else’s negligence then you should be compensated for all your medical expenses including medical bills, prescription costs, transport to and from hospital, and physiotherapy. If your injuries are long-lasting or permanent then you should also be compensated for your future medical expenses. This can be difficult to establish and if necessary your attorney will consult with a medical professional to substantiate your claim.
- Lost Wages – If your injuries resulted in time away from work, then you should be compensated for any lost wages. If you’re likely to be away from work for a long time, or if you will be unable to return to work in the same capacity then your future earning capacity should also be reflected in your settlement – known as loss of consortium.
- Property Damage – If any property was damaged in the accident such as your phone, then you should be compensated for its repair or replacement.
- Non-Economic Damages – All of the damages listed above are economic damages and have a clear monetary value. However, it is also important that your non-economic damages are considered such as your emotional distress and the effect that the accident has had on your daily life and relationships. An experienced fall injury attorney will understand how to evidence your non-economic damages so that you are properly compensated.
Do I Need a Lawyer for a Slip, Trip, and Fall?
You might think that you can settle out of court for the injuries you have sustained from your slip/trip and fall accident. Although it is entirely possible, The Law Place recommends consulting with and hiring a personal injury attorney to pursue your slip/trip and fall case correctly.
Insurance companies and private parties will do everything in their power to ensure you get the minimum settlement possible, keeping their pockets full while you recover from your injuries. Having an experienced lawyer on your side will help you find the maximum settlement available to you and ensure negligent parties are held responsible for your unfortunate circumstance.
What Is the Difference Between Slip, Trip, and Fall? FAQ
How Do Slip and Fall Accidents Differ from Trip and Fall Accidents?
A slip and fall accident is when someone slips on a hazardess floor such as a wet floor or ice. This usually results in a backwards fall which could cause severe injury such as head injuries, neck injuries, and spinal cord injuries.
A trip and fall is when someone trips over an obstacle such as uneven surfaces, loose carpeting, exposed wires, or an un marked step. Fall hazards usually results in someone falling forward and results in injuries such as broken bones, foot injuries, hip injuries, and sprained ankles.
What can I do if I fell from height at work?
Falls from height are common workplace accidents and can cause injuries such as traumatic brain injuries and spinal cord injuries. If your workplaces negligence contributed to your fall then you may be able to make a claim against them. For example, perhaps your employer did not give you proper training or perhaps the equipment they provided was inadequate. Workplace accidents are complex as they may be covered by workers’ compensation coverage which can be difficult to navigate fairly. You should contact The Law Place for a free consultation so that they can advise you based on the specific details of your case.
What Are the Common Causes of These Accidents?
Slip and fall accidents are caused by slippery surfaces such as wet floors or icy always. A trip occurs due to obstacles or uneven surfaces such as loose capet, uneven pavement, cluttered floors, or exposes wires. A fall from height can occur due to a hazard close to stairs or unsafe workpalces practices.
What Injuries Are Common in Fall Accidents?
Fall injuries vary widely but common injuries include head, neck and spinal cord injuries, broken bones, hip injuries, foot injuries, and sprained ankles and writsts.
Why Is It Important to Consult a Fall Attorney?
If a fall accident occurs due to fall hazards on someone else’s property then you could be owed compensation. Experienced personal injury lawyers such as those at The Law Place will help to establish liability, determine what your claim is worth, and negotiate with insurance companies. Fall claims can be incredibly stressful, but when you have the help of a slip and fall lawyer, you can focus on your recovery with knowledge that your case is in good hands.
What Should You Do If You Sustain a Fall Injury?
If you experience a fall injury, then you should seek medical treatment as soon as possible. Not only will this help to protect your health, it is also essential for a successful claim. It is important to note that adrenaline could mask the extent of the injuries sustained in the fall – so it is important to seek a medical examination even if you feel ok. If your injuries allow, you should also collect some evidence from the scene such as photos, and witness contact information. It is also important to report the incident to the property owner so that they can manage the hazard.
How long do I have to make a claim?
In Florida you have just two years from the date of the accident to make a personal injury claim. There are some exceptions to this rule such as if your injuries were so severe that they prevented you from making a claim any sooner. It is important to speak to a fall attorney as soon as possible after an accident to protect your right to compensation.
What if I think I could be partially at fault for the accident?
Florida operates under a modified comparative fault doctine. This means that you can still claim compensation even if you were partially to blame for the accident so long as you are deemed to be less then 50% at fault. However, your final settlement will be reduced to reflect your degree of fault. For example, if you fell on a wet floor in a department store but you were intoxicated then you could be found to be 15% at fault for the accident, in which case your claim would be reduced by 15%.
Contact The Law Place Slip, Trip, and Fall Lawyers Today
Have you been injured due to a slippery surface or faulty flooring? Do you believe it’s the result of bad management or negligent property maintenance?
Contact The Law Place today to discuss your options. Our qualified personal injury and slip, trip, and fall attorneys are here to provide all the information necessary to pursue your case. You may be entitled to compensation beyond your medical expenses, and we are here to help you find out. Schedule your free consultation with a lawyer now.
Don’t wait for your injuries to worsen.
Call us today at (888) 224-6114.