Slip and Fall & Premises Liability
Slip and fall injuries can be very serious and may have been the result of someone’s negligence or carelessness. Whether a property owner will be legally responsible for a slip and fall injury depends on whether the owner or person in charge knew or should have known about the potentially dangerous condition of the property.
If you’re like most people, you aren’t sure what to do after a slip and fall accident. You are probably asking questions like:
- Who will pay for my medical bills, lost wages, and pain and suffering?
- What money can I get right now to help me?
- What papers should I sign or not sign? Do I need an attorney?
- If you or someone you care about has been injured as a result of a slip and fall, you should contact Edward M. Bernstein & Associates immediately. Fill out the online request or call our office at 702-240-0000.
How Did Your Slip and Fall Accident Occur?
Our experienced lawyers have handled all types of cases involving bad weather conditions and unsafe premises that lead to slips, trips, and falls. Maybe you can relate to some of these slip and fall scenarios:
- Did you trip and fall at the store?
- Did you trip and fall at a casino?
- Did you fall in a parking lot?
- Did you trip over a raised manhole cover?
- Did you fall due to rain and mud?
What Types of Injuries Are Caused by Slips, Trips, and Falls?
While many slip and fall incidents only lead to small bruises, others can lead to life-changing injuries. For example, serious wrist injuries often occur during slip and fall accidents when people try to break their fall or catch themselves. Some other common injuries we see caused by slips, trips, and falls include:
- Back Injuries
- Brain Trauma
- Broken Bones
- Facial Injuries
- Head Injuries
- Herniated Discs
- Hip Fractures
- Inflamed Tendons
- Neck Injuries
- Spinal Injuries
- Torn Ligaments
Where Do Slip and Fall Accidents Happen?
One thing that makes slip and fall accidents so frustrating is that they can happen anywhere. Some of the places that slips, trips, and falls may occur include:
- Driveways, sidewalks, and curbs
- Elevators, escalators, and moving walkways
- Homes of family, friends, and neighbors
- Parking lots and parking garages
- Public bathrooms, gyms, and pools
- Restaurants, bars, casinos, and clubs
- Shopping malls and grocery stores
- Work or the location of work-related duties
Slip and Fall Accident Tips
If you’re ever involved in a slip and fall accident, here are some steps to follow:
- Immediately report the accident to the store manager, landlord, homeowner, or person in charge of the facility where you fell.
- Collect the names, addresses, and phone numbers of any witnesses.
- Obtain a copy of any existing slip and fall accident report before leaving the scene, even if the accident was documented by someone other than a police officer.
- Take notes of any conditions that may have contributed to the accident. These might include deteriorated sidewalks or foreign substances.
- If possible, obtain a sample of whatever caused your harm and keep it in a safe storage place. If it is perishable, preserve it in an appropriate manner. For example, it may be able to be frozen in your freezer.
- Get medical help as soon as possible.
- Place the shoes and clothing that you were wearing at the time of the accident in a safe storage place.
- If possible, return to the accident scene to photograph the area.
- Contact an attorney before you talk to the insurance company or sign any papers. Otherwise, you may give up your rights to be compensated for pain and suffering, medical bills, and lost wages.
Factors in Evaluating Premises Liability
In order for a property owner to be legally responsible for injuries suffered from slip and fall or trip and fall accidents, one of the following must be true:
- The owner of the premises or an employee must have caused the dangerous condition (such as a spill, worn or torn spot, or other slippery or other hazardous surface).
- The owner of the premises or an employee must have known about the dangerous condition but done nothing about it.
- The owner of the premises or an employee should have known about the dangerous condition.
Proving liability in the third situation can be tricky because of the words “should have known.” In these instances, the case is often decided by common sense. Judges and juries determine liability by deciding if the owner makes regular and thorough efforts to keep the property safe and clean.