The term “slip and fall accident” is used in personal injury law to describe a class of cases where a person slips, trips, or falls on another’s property. Generally, a “slip and fall” claim falls under a broad category of “premises liability” cases where a property owner may be held financially responsible for injuries occurring on his or her property.
Dangerous or hidden conditions on the ground are the most common causes of slip and fall injuries. Uneven ground surfaces, ripped carpeting, wet floors, potholes, and cracked cement are just a few of the common dangerous conditions on the ground that lead to slip and fall accidents. Additionally, poor lighting and narrow stairways frequently lead to serious injuries, such as twisted ankles, broken hips, knee joint injuries, brain injuries, and spinal injuries.
Slip and fall injury cases are often very complex because the behavior of both the injured party and the property owner are heavily scrutinized by the court. On one hand, courts recognize that property owners are responsible for keeping their property in a reasonably safe condition, especially for known and invited guests, such as shoppers who enter a store for the purpose of buying products. On the other hand, sometimes people just fall, and no reasonable precaution on the part of the property owner could have prevented the accident.
In most slip and fall cases, the injured person must prove that the fall was caused by a “dangerous condition” that was known, or should have been known, by the property owner. A dangerous condition is an unanticipated or hidden condition that presents an unreasonable risk to people on the property.
There are three common types of slip and fall cases in which courts frequently find that the property owner is legally and financially responsible for the injury that occurred on his or her property. First, courts do not hesitate to find a property owner liable when he actually created the dangerous condition that caused the slip and fall. Second, even if the owner did not create the dangerous condition, he can still be liable if he knew about the dangerous condition and negligently failed to repair it. Third, the property owner can be financially responsible for the injury even if he did not know about the dangerous condition, if the condition existed on the property for so long that he should have discovered it and repaired it before the accident.
If you were recently injured in a slip and fall accident, and you are interested in pursuing a claim against the property owner of the premises where you were injured, call the experienced personal injury attorneys at Anidjar & Levine today. Our slip and fall injury attorneys are happy to discuss your potential claim in a free initial consultation. You can reach the firm’s south Florida offices at (800) 747–3733 or fill out an on–line “Contact Us” form.