What is a Premise Liability Case or a ‘SLIP AND FALL’?

When someone trips and falls or slips and falls, “slip and fall” is a generic term for an injury as a result of a dangerous or hazardous condition on someone else’s property. Premise Liability is the body of law that state that a property owner responsible for injuries suffered on their property. It includes falls as a result of standing water, wet floors, ice or uncleared snow, as well as unmarked changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground. If you are on someone else’s property and are injured as a result of a dangerous condition on the property, the land owner or business proprietor may be liable for your injuries.

What is an Unreasonably Dangerous Property Condition?

Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. The hazard may be obvious (such as a broken stair) or hidden (like a hole in a lawn that is partially covered by grass). In some instances it may not be apparent, as in flooring which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid spill in a supermarket aisle. In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs. In the case of temporary conditions (like a liquid spill), the length of time that the condition existed before the incident occurred has legal significance.

After a slip and fall, what should I do?

Inspect the area where you fell. What caused you to fall? Did anyone see you fall? Write down the names, addresses and phone numbers of anyone in the vicinity where the incident occurred – both those who saw you fall, and others who were there after the incident — since you may need them as witnesses on your behalf if the landowner disputes your claim. Even if someone did not see you fall, he or she could, if necessary, describe your pain and the conditions of the floor, lighting, etc. immediately after you fell.

If the incident occurred in a store or place of business, speak with the manager or supervisor on duty. Have them make a record of the incident, and get a copy of anything prepared by the business. If anyone (especially an employee, supervisor or manager) makes a comment suggesting that this has occurred before, or that they were aware of the condition before your fall, make a note. If possible, get the name of the person who made the comment. As soon as you are out of the store, write down the name and what exactly the person said, and who else heard him make the statement.

Have someone take photographs of the area as soon as possible, so a record is made. “Conditions” have a way of changing if the landowner thinks that you might file a claim for injuries.

What damages can be recovered from a medical malpractice lawsuit?

Damages that can be recovered from a medical malpractice lawsuit include:

  • Medical expenses for treating the injuries caused by the malpractice
  • Damages for pain and suffering
  • Disfigurement and disability damages
  • Lost wages/loss of earnings

In appropriate circumstances, law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost due to malpractice

How do I know if I have a medical malpractice case?

Determining whether a health care provider may be liable for medical malpractice requires both legal and medical evaluations. You should consult with a experienced attorney if you suspect you have been the victim of medical malpractice so that the attorney can thoroughly and properly evaluate the legal and medical issues involved in your particular situation

What Should I Look For When Selecting A Nursing Home?

Nominal damages are awarded when the plaintiff is legally in the right, but has not suffered substantial losses. Because the plaintiff has no established need for compensation, the amounts awarded in these cases are usually very small. They may only cover the plaintiff’s legal costs, or they may be as little as one dollar.  Read More about Nominal Damages