Slip/Trip and Fall Claims
“Slip and fall” is a term used for a personal injury case in which a person slips or trips and is injured on someone else’s property. These cases usually fall under the broader category of cases known as “premises liability” claims.
For a negligence claim, the injured party has the burden of proof to establish the landowner failed to use reasonable care to prevent harm to others, and that failure was a substantial factor in causing the harm.
For a premise liability claim, the owner of premises in under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. A failure to fulfill this duty is negligence.
One question we always ask a potential slip/trip and fall client is why they did not see or observe the object that caused the slip/trip and fall. The landowner will always raise comparative fault as a defense, blaming the injured party that it was his/her own negligence contributed to the harm.
The majority of these type of claims involve serious injures, and likewise serious and experienced lawyers to represent the injured party. When possible always attempt to ascertain what caused the slip/trip and fall before the caused is cleaned up or removed.