"Slip and Fall" is:
Injuries caused by the failure of a premises owner or person in charge of maintaining the premises to carefully maintain an area to prevent injury.
"Slip and Fall" injuries include:
- Slipping on an unsafe floor surface
- Poor lighting
- Holes or unstable surfaces
- Failure to keep property safe
premises liability or "Slip and fall" - an ATTORNEY's overview
The "banana peel" or "black ice" slip and fall looks like slapstick. The results of such a fall are hardly comical to those having suffered from one. What's worse - the law places the burden of proof of a slippery substance or improper precautions on the person who has suffered injury.
A person who has been severely injured after a fall is often not in a condition to determine what caused them to fall.
These cases are never straightforward or simple. The premises owner may be liable for failing to clean up a spill on premises; failing to repair a condition which creates an "unnatural" build up of ice or snow out of doors; for using unnaturally slippery flooring in a high traffic area, with notice of the presence of water; by failing to guard against falls which the owner knew were likely; for using the wrong types of floor coating; by failing to provide proper or state-required guard or handrails; by failing to cover floor openings; or by any other means. There's also frequent disputes between landlord, tenant, and management company as to who, if anyone, was obliged to take care of the floor. Needless to say, the owner always says that a slip is the fault of the person who fell; sometimes, a jury agrees.
It's my job as your attorney to try to learn, through diligent investigation, witness interviews, testing and inquiry, what caused your fall, and to attribute that cause to the owner's or owner's agent's negligence, or failure to show appropriate care under the circumstances. This involves a fair amount of detective work, including taking depositions of security companies; analyzing video from security cameras; reviewing building permits, architect's and builder's files; and other investigation. Again, like many of these other fields, not only must your lawyer have the requisite expertise, but he also must have access to appropriate experts, where required, in skid coefficient and human safety factors, as well as familiarity with material safety and building codes. I've had success in this area where other lawyers have struggled. I, demonstrating not only the presence of the slippery condition, but also showing how it occurred; why it stayed; determining who was responsible for its removal; and documenting that person's failure to take advantage of opportunities to correct the condition.