Slip & Fall Accidents

 

 

Injuries from a slip, trip or fall are very common and can result in serious and life-changing injuries.  Depending on the circumstances of your fall, and what caused your fall, you may be able to recover compensation from an at-fault party.

 

Common causes of falls giving rise to legal claims are ice, wet/slippery surfaces, defective surfaces (sidewalks, driveways, parking lots), defective stairs and defective curbs.  Fall cases can be challenging because you need to prove a defective condition in the property and that the property owner and/or the person or entity responsible for maintaining the property knew (or should have known) about the defective condition and failed to take action.

 

There are many defenses in fall cases, including comparative negligence, which alleges that the fall victim was in some measure negligent and caused his/her own fall.  Other defenses include sovereign immunity (if the property owner is a governmental entity) and the workers’ compensation bar (if the fall victim fell at work).  Another important aspect of a fall case is the legal status of the fall victim.  For example, was the fall victim a business invitee? 

 

            Fall cases frequently require a liability expert such as a civil engineer, and it important to work with an experienced personal injury attorney to make sure the evidence in the case is properly developed for the liability expert to use. Examples of types of slip and fall cases include:

  • falls on ice

  • falls on slippery surfaces such as a dance floor

  • falls caused by defective sidewalks

  • falls caused by poorly maintained and defective parking lots

  • falls caused by tree pits without proper guarding

  • falls caused by defective stairs

  • falls caused by defective curbs

  • falls caused by slippery floors inside stores and other commercial establishments

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