Slip/Trip and Fall Accidents
Slip, trip and fall accidents are a category of personal injury where an individual suffers an injury as a result of a fall caused by a dangerous condition while on the property of someone else. These accidents are governed by the basic rules of negligence which consists of four elements which must be proven in order to obtain a favorable outcome in litigation. The elements are duty, breach, causation and damages. There must be a duty owed by the owner or operator of the premises where the injury occurred. The owner or operator or its agents/employees must breach that duty through some action or inaction. This breach of duty must cause an injury to the individual to whom the duty is owed.
Slip, trip and fall accidents can occur in any area open to foot traffic, anywhere from your local supermarket to your favorite restaurant. This area of law is not limited to only accidents involving a slip, trip or fall but also includes stumbles, overextensions, twists or any other movement resulting from an unsafe condition on the walking surface.
After an injury, it is important to prioritize safety and health. Injuries may not be immediately apparent and it is vital to seek medical assistance as soon as possible. If you fail to seek medical attention after the accident, you may be waiving your right to seek compensation. Following an injury, please take note of your surroundings and the conditions of the surface where you fell. If an injury occurred because of a wet surface then it is important to document and photograph those conditions since water evaporates making it difficult to prove the cause of the injury. Also note whether there are any possible source of water such as an overhead air conditioning vent or nearby refrigeration unit or any water spilled by an employee or patron of the business where you fell. If you owner/operator of the premises where a fall occurs is aware of certain unsafe surface conditions, the he/she is under an obligation to provide clear warning of the known dangers, take note of any warning signs or cones in the area of the injury.
A slip, trip and fall injury can also occur on a private residence. The owner of a residence owes a duty to his/her guests who, under the law, are considered to be licensees. The owner has to maintain safe premises and provide a warning of any unsafe conditions to the guests/licensees. If the owner knows of an uneven surface under a carper or a rotting staircase then he/she has to warn the visitors of the known dangers or, at the very least, restrict access to an unsafe area of the home.
Following an injury, you may be contacted by an insurance adjuster or the owner/operator of the premises where you fell and they may seek a statement from you and may even ask you to sign some lengthy and confusing forms. Any information you provide may be used to shift the blame for the injury onto you. It is important to seek advice of an experienced attorney before making any verbal or written statements.
At Perazzo Law Firm, we have worked with countless seriously injured clients and provided the assistance they needed to get their medical bills and lost wages paid in addition to full monetary compensation for their pain and suffering.
If you or a loved one has been injured in a slip, trip or fall accident, contact us online or call us at (786) 529-7411 to set up a FREE consultation to discuss your case.