Yes, a slip and fall is a premises liability claim, which is a type of personal injury claim. This type of personal injury claim occurs when a person either slips or trips and falls and suffers physical and emotional injuries.
Personal Injury Law
Personal injury law is also known as tort law, according to the Congressional Research Service. This collection of laws protects both people and their property if someone suffers any physical, emotional, or financial harm due to someone’s negligent actions or negligence in their failure to act.
Personal injury law allows a victim to bring a claim against the negligent party to receive compensation for their losses, which may include property damage, medical bills, lost wages, and pain and suffering. Slip and falls are a type of accident that may include physical, emotional, or financial injury to a victim. Therefore, tort law allows these victims to attempt to receive compensation for their injuries through a personal injury claim.
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Causes of Slip and Fall Accidents
Slip and fall accidents may occur on either private or business property. Some causes of slip and fall accidents include:
- Ice or snow in parking lots, driveways, or walkways
- Wet or slippery floors
- Uneven or broken staircases
- Poor lighting
- Uneven sidewalks or other walking areas
- Cluttered common areas
This list is not exhaustive. A property owner could be liable for any accidents due to hazardous conditions located on their personal or business property.
Injuries in Slip and Fall Accidents
Every slip and fall accident is different, but depending on the severity, injuries in slip and fall accidents may include:
- Traumatic brain injury
- Nerve damage
- Fractured or broken bones
- Slipped disc and back injuries
- Whiplash or other neck/shoulder injuries
The injuries a victim suffers from a slip and fall accident will depend on the nature of the accident, their health, and their age.
Establishing a Slip and Fall Personal Injury Case
Slip and fall cases are personal injury cases, however, a victim will need to persuade the insurance company, or the judge and jury that their injuries were the direct result of someone else’s negligence. Some important questions regarding the establishment of a valid slip and fall personal injury case include the following:
- Was the person on the property legally? (Was the person an illegal trespasser?)
- Was the owner aware the people would be on the property? (Did a homeowner invite the person to the property? Was the property a business where they would expect customers or patrons?)
- Did the hazardous or dangerous condition that caused the slip and fall appear noticeable, obvious, or avoidable?
- Were any warning signs placed on the ground, or hung near the area to alert someone of the possible hazardous or dangerous condition?
- Would a reasonable person behaving rationally also slip and fall in the same area and suffer injuries?
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Legal Criteria for a Slip and Fall Personal Injury Case
All personal injury cases, including slip and fall cases, require the establishment of certain criteria to receive compensation for injuries. If you can answer the previous questions and reach a conclusion that you may have a slip and fall injury case, there are still additional legal criteria that a court will require you to prove.
- Duty of care: The owner of the property had a duty to either invitees (customers of a business) or licensees (social guests) to ensure that their property was free from any dangerous or hazardous condition. It is important to note that if a visitor to a property is an illegal trespasser, then the property owner owes no duty of care to the person and will not remain liable or responsible for any injuries suffered on their property by that person.
- Breach of duty: The social or business property owner neglected to warn guests of the hazardous condition and failed to keep their premises in a safe condition.
- Causation: The dangerous or hazardous condition directly caused a victim to slip and fall and suffer injuries.
- Damages: The victim must have suffered actual physical, emotional, or financial harm due to the slip and fall accident.
Getting a Slip and Fall Attorney
If you suffered injuries due to a slip and fall accident, contact Ben Crump Law, PLLC at 800-647-3113, to learn how we can help ensure your legal rights remain protected. Call a member of our team for a free consultation and to learn how we handle slip and fall personal injury cases.