What Is Slip And Fall Personal Injury Law?
Slip and fall personal injury law determines the responsibility of the owner of a property where a person 'slips' and 'falls'. The claims arising out of a slip and fall injury fall under the broader category of 'Premises Liability'. This means that the owner or manager of the property is responsible for the premises and has to ensure that the site is safe for any members of the public that may visit it. If any negligence can be proven, the premises owner or manager will be liable to pay the claims.
Like any other claim for compensation, the first step in this case too, will be to determine whether the premises owner is legally responsible for the injury. Every case is unique based on how the premises owner acted prior to the slip and fall accident. To be eligible to claim for compensation under this law, you need to be able to prove that:
a. The premises owner created the condition, (and/or)
b. The premises owner was aware of the condition, but failed to correct it or showed negligence in correcting it, (and/or)
c. The condition that caused the slip and fall existed for duration long enough for the premises owner to have discovered it and correct it.
There are also provisions where the injured party can try to prove that the premises owner has flouted one or more statutes that are relevant. For example, if a building code has regulations regarding placement of handrails along an incline and a person injures himself by slipping, since there is no handrail to grab, then the person can claim damages from the premises owner based on the building code violation.
Another aspect of slip and fall law is determining responsible party or parties. Damages can be claimed only if it is proved that the injury was caused because of negligence on part of the building owner or premises owner. If the injury was caused by negligence or carelessness of the injured party, naturally no claims will be allowed.
To hold a property owner or manager liable, it must be established that the owner or employee of the business caused the condition leading to the slip or that they failed to take action on the condition. Once proved, the injured person can claim:
- Medical bills incurred for treatment
- Wage loss for inability to work during healing period
- Pain and suffering caused due to the injury
- Potential and future medical expenses as a result of the injury
A possible exception to this rule is if such an incident happens at your workplace. Usually workers are insured against any 'occupational hazards and the employment clauses will guide you on the recourse that you may take.