Proving Fault In Slip and Fall Accidents

A slip and fall accident can happen just about anywhere and at any time. The victim may suffer serious injuries as a result of the negligence of another person. According to the Centers for Disease Control and Prevention (CDC) , more than 800,000 people are hospitalized every year due to a fall injury. These people experience severe body harm in the form of head injuries or hip fractures. The CDC also reports that between 2007 to 2016, fall death rates increased by 30% in the United States. If this trend continues, it may lead to an average of 7 fall deaths every hour by 2030. If you suffered injuries due to a slip and fall accident resulting from someone else’s negligence or a hazard, learn how a Minnesota slip and fall accident lawyer by calling Tyroler Injury Law at 651-259-1113. An experienced slip and fall attorney will help you understand how to prove fault in your premises liability claim.

What Is a Slip and Fall Accident?

Slip and fall accidents are one of the most widely reported types of personal injury accidents in the United States. Many times, these types of accidents can lead to serious injury such as spinal cord injuries, hip fracture, soft tissue injuries, a traumatic brain injury, or even death.

A slip and fall accident claim falls under the category of a ‘premises liability‘ claim. A premises liability fall case is a concept under the law that imposes a duty on a property owner or manager to ensure that the property is maintained in a reasonably safe condition for the visitors. This means that the owners or managers should regularly check and repair damages in their property and ensure that there is no evident or perceptible danger lurking on their property.

For example, a restaurant owner has the duty to ensure that the restaurant premises are maintained in a reasonably safe condition at all times. If a customer or a restaurant employee falls due to a dangerous condition such as a broken staircase, frayed carpeting, loose tile, or a poorly-maintained parking lot and suffers any kind of injury, the owner may be liable for negligence. Similarly, if an employee trips and falls due to a wet surface area in the office, the employer may be liable if proper warning signs were not present, or the employer simply failed to correct the hazardous area in a timely manner.

Slip and Fall Accident Statistics

According to the National Floor Safety Institute (NFSI) :

  • Slip and fall accidents represent the primary cause of lost days from work.
  • Fall accidents resulting in 8 million emergency hospital visits each year.
  • Floors and flooring materials have a direct contribution to over 2 million falls each year.
  • 50% of the accidental deaths at home are caused due to fall accidents.
  • Elderly people, aged 65 or above, are the most affected group.

Further, the CDC reports these important facts related to slip and fall accidents:

  • Fall accidents are the most common reason for traumatic brain injuries.
  • Fall accidents cause more than 95% of hip fractures.
  • On average, a slip and fall accident costs more than $30,000 in hospital costs.
  • Conditions such as vitamin D deficiency, lower vision, foot pain, poor footwear, home dangers such as broken stairs or clutter are a few routine risk factors that contribute to slip and fall accidents.

How to Prove Fault in a Slip and Fall Accident?

A slip and fall accident can occur at a shop, business, workplace, or even a friend’s home. For example, a routine visit to a shop may lead to a slip and fall accident if the escalators were broken, or there were dangerous conditions in the shop due to the failure to clean or repair a hazardous section of the store. In many cases, slip and fall injuries are the result of the negligence of another person or entity.

Four Factors to Prove Fault

In order to prove that a slip and fall accident was the result of another person or entity’s negligence, the following four factors must be proved:

  • There was a duty of care owed to the victim.
  • There was a breach of such duty or a failure to exercise reasonable care.
  • The injuries caused were a direct result of such negligence.
  • There are actual injuries as a result of the breach of the duty of care.

For example, a retail store that is undertaking floor polishing to renew its premises has a duty to put a clear warning sign at the area where the polishing liquid might be spilled on the floor. If a business fails to do and as a result, a customer slips and falls, the store owner can be held liable for any resulting injuries or losses. On the other hand, if a clear warning sign was put in place by the retail store and the customer ignored such a sign, then proving fault may become more challenging.

Challenges Regarding Proving Fault in Slip and Fall Cases

Sometimes, even though the property owner or manager may have breached their duty to take reasonable care, it might be legally challenging as they might claim that they were not aware of the lurking danger, or the accident happened immediately after the hazardous condition occurred leaving them with no time to correct the dangerous area. Further, sometimes the owner may also claim that the victim suffered injuries due to their own fault. In such cases, it becomes important to consider and evaluate the different factors involved in the injury from a legal viewpoint to prove fault in a slip and fall accident. Proving fault in a slip and fall accident can be a legally complex process. Contact a personal injury attorney today at Tyroler Injury Law at 651-259-1113 to help you evaluate your case.

What Kind of Compensation Can I Receive for my Slip and Fall Accident?

Every slip and fall accident will have different facts and circumstances. However, a victim of a slip and fall accident may have the ability to recover compensation for the following economic and non-economic losses:

  • Hospital and medical bills
  • Lost Wages
  • Future medical costs
  • Loss of future earning capacity
  • Pain and suffering

Steps To Take After Your Slip and Fall Accident

If you experienced a slip and fall accident, consider taking the following steps immediately:

  • Seek medical help and receive a medical evaluation to determine if you suffered internal bodily injuries that might not show symptoms immediately.
  • Preserve all records of your hospital bills, leave from work, and other injury-related expenses.
  • Preserve documentation related to the accident including the time, place, and venue of the accident, how the accident happened, and take pictures if possible.
  • Communicate to the premises owner or manager regarding your accident and injury in writing.
  • Do not settle with your insurance company or make any statements to them without first fully evaluating and understanding all your legal options and rights.

Learn How an Experienced Minnesota Personal Injury Lawyer Can Help You

Proving fault in a slip and fall accident can be complicated as it involves evaluating a multitude of factors. The evidence must be compiled in a way that proves the negligence of the property owner or manager. If you suffered injuries as a result of a slip and fall accident, consider contacting an experienced law firm about your personal injury claim by calling Tyroler Injury Law at 651-259-1113 to learn how a Minnesota slip and fall accident lawyer can help you learn about your legal rights and understand how you may prove fault in a slip and fall accident.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]