Slip and fall accidents can happen when many different dangerous conditions like defective flooring, torn carpeting, insufficient lighting, or a wet floor exist. They can also occur outside when someone trips on cracked or broken cement in sidewalks or potholes in parking lots or streets, or when slippery conditions like rain or snow exist that cause someone to fall.
What Must Be Proven in a Slip and Fall Injury Case?
In a slip and fall accident lawsuit, your case must meet and prove the four elements of premises liability to be able to find the property owner liable for your damages.
The four elements of a slip and fall claim that must be proven by you and your slip and fall lawyer are:
- You must prove that you slipped (or tripped) and fell on the property.
- You must prove that the property owner had a responsibility to protect you (the injured person) from harm, and keep the property in safe condition.
- You must prove that the property owner breached that responsibility by allowing the hazardous condition to exist.
- You must prove that you (the injured party) suffered confirmable damages.
What is Shared Liability in a Slip and Fall Injury Case?
Shared liability in a slip and fall injury case occurs when there is more than one party who is responsible for the same accident. Some of the liable parties (other than the property owner) who might be found at fault are:
- The property management company for the premises
- The tenant who is renting or leasing the property
- A contractor who is performing construction on the property
- Other agents or people working on behalf of the property owner
For example, a contractor is repairing some water pipes that are buried underground at a grocery store. To get to the broken pipes, the contractor has to dig down through the flooring of the store and into the ground, leaving a large hole in an area that customers of the store frequent. The hole is not marked with any warning signs, cones, or other safety materials, and a customer falls into the hole breaking his ankle. In this case, the customer with the broken bone likely has a case against the contractor for not warning about the hazard and the store owner because it is also his responsibility to provide a safe environment for customers, employees, and visitors.
Another example of shared liability might happen when a property management company is notified that there is a broken or missing handrail in a stairwell. If they do nothing to repair or replace the handrail, and it results in someone falling and injuring themselves, the property management company can be found liable – and so can the property manager. It doesn’t matter if the management company notified the owner or not because the owner’s liability is imputed (responsible for the actions of someone under his or her control) from the owner’s relationship with the property management company.
What Are Common Slip and Fall Injury Cases for Which Plaintiffs are Compensated?
Slip and fall accidents are some of the most common causes of accidental injuries that personal injury attorneys litigate, besides car accidents. The injuries sustained in slip and fall accidents range from minor to deadly. While minor injuries are the most common, there can be serious consequences suffered from slip and fall accidents.
Some of the most common types of slip and fall injuries include:
- Soft Tissue Injuries – These types of injuries are not outwardly noticeable, making them difficult to prove in a lawsuit. They include injuries such as sprains of muscles, tendons, or ligaments, bruising, and muscle strain, and may not even be evident to the victim until days or weeks after the fall.
- Brain Injury or Head Trauma – Head injuries of any type should be attended to by a medical professional. Concussions and other brain injuries, even if they do not seem serious, need immediate medical care.
- Lacerations and Abrasions – These types of injuries, while they may look bad, are typically not as dangerous as some of the other injuries that occur due to slip and fall accidents.
- Spinal Cord Injuries – These are among the most serious and the most expensive injuries to treat. Back injuries can be life-threatening, and medical attention should be sought immediately.
- Broken Bones – Breaking a bone is extremely painful even when it is easy to fix. However, there can be breaks that require multiple surgeries to repair. Additionally, physical therapy may be required after the break has healed.
Let Attorney Rand Spear Help You with Your Slip and Fall Injury Case
If you suspect that you or someone you love sustained a slip and fall injury as a result of someone else’s negligence, you should talk to a personal injury lawyer immediately to see if you have a slip and fall lawsuit. Lawsuits for slip and fall injuries have statutes of limitations that vary by state; which means you have a limited timeframe in which you can legally file a lawsuit. Contact the law office of Rand Spear at 215-985-2424 for help with your case.
Philadelphia Slip and Fall Accident Attorney Rand Spear
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved. This article is not to be considered advise, only the execution of the contingency agreement with this law firm will constitute an attorney-client relationship. The contents of this article are for general information only. If you would like to pursue a claim, please contact an attorney immediately to discuss your specific facts and circumstances regarding your claim. Some cases accepted by this law firm may be referred to or worked on by other lawyers, depending on the area of practice and specifics of a particular case.