A “Slip & Fall” incident is one in which a person either slips, trips or falls as a result of a dangerous and/or hazardous condition which exist on property and the property owner was somehow responsible/negligent in either causing the dangerous condition to exists, failing to clear or correct the dangerous/hazardous condition after being notified that the condition exists or failing to warn others about the dangerous/hazardous condition. Each case turns on its own specific fact pattern.
In cases where the property owner caused the condition and failed to make it safe and or warn others that it exists, the property owner/business owner would be liable to the injured party. In cases where the property owner/business owner knew that a dangerous condition or hazard exists and failed to correct it or clean it, then the property/business owner is liable to the injured party. Property/business owners have a duty to discover the hazard or danger and if they fail to discover it and someone is injured, then the property/business owner will be liable to the injured party. Property owners are responsible for dangerous conditions on their property which they knew about or should have known about. "Notice" is required in order to make the property/business owner responsible for the injuries and damages suffered by an injured party. In some cases, where a third party, ie. a client spills a soda and the owner doesn't know about it because it happened 2 minutes before someone slipped on the soda, the owner would NOT be responsible. When a third party created the danger or hazardous condition, it is important to find out WHEN the hazard was created and if the owner had the opportunity to clean or correct the hazard. It is very important in all slip/trip and fall accidents to do the following:
1.) Notify the property owner or manager that you were injured and have them prepare a report of the incident. If you are a tenant and you fell in your apartment complex, notify the owner or manager in writing;2.) Seek medical attention immediately;
3.) Be sure to write down what caused you to trip/slip and fall or how you were injured; For example, if you slipped on a wet surface, note down whether you think it was water, oil or any other substance;
4.) Make sure to keep the shoes and cloths you were wearing at the time you slipped and fell. Do NOT wash your cloths. Sometime we can tell what you slipped on by having stains on your cloths tested by a lab to determine the substance you slipped on. In one such slip and fall case a lab determined that the stain on our clients pants was organic and most probably came from poultry. Our client slipped and fell near a chicken warmer and we were able to prove that the substance on the floor was chicken grease that dripped out of a package prepared by the property owner/occupier in this case the market. Since they created the hazard, ie. defective packages allowing drippings on the floor surface "they were found to be responsible for our clients injuries and damages."
Your action and the information and items you preserve after your fall will help us fight for you, establish liability on the property/business owner and prove your case.
If you were involved in a slip/trip and fall accident, contact TOREM & ASSOCIATES now.
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