Slip and Fall Accidents, Part I
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If you slip and fall, can you really sue and easily win? Go inside a real-life slip-and-fall claim and see what a judge looks for when determining who is at fault. We'll show you the facts and let you be the judge.
It's time to
Pull Back the Curtain
Investigate the Facts
Draw Your Own Conclusions
On You Be the Judge
Slip and Fall Accidents
While the idea of slipping, falling, suing, and winning is often joked about, the reality is that some slip-and-falls do result in injuries and if you're the one left with the medical bills, you may want to know if the property owner played a role in the accident.
How does a slip-and-fall claim work?
#1 -- Who do you sue?
The defendant will most likely be the owner or manager of the property.
#2 -- Is the defendant liable?
In other words, did the property owner, manager, or an employee:
• Cause or create the dangerous situation?
• Know about it but didn't do anything to prevent it?
• Or if they didn't know about the danger, should they have known?
#3 -- Did the property owner act reasonably?
• If someone trips over an object left on the floor, was there good reason for the object's position or could it have been easily and reasonably moved before anyone could trip on it?
• Did the property owner take precautions to minimize the danger?
• How long was the danger present prior to the accident?
#4 -- Was the injured person acting carelessly?
• Would another reasonable person in the same situation notice and avoid the danger?
• Was there a legitimate reason that the person was on the property?
• Had the owner placed a barrier or warning for the danger?
• Was the person engaged in activities that could increase their chance of slipping and falling? For example, texting while walking.
It is important to note that many states have comparative negligence allowing for shared liability.
All these are some of the factors that can affect the course of a slip-and-fall lawsuit.
Now we're going to go inside an abbreviated real-life claim, present the facts, and then ask you to be the judge and make your own "ruling." Then in the next episode, I'll reveal to you what the judge actually ruled.
A woman we'll call Helen went with her husband to visit their son at the Green Haven Correctional Facility. As Helen was walking in, she noticed someone nearby with a mop in hand, a bucket on the floor, and a caution sign. As she walked she tried to stay on the carpet runner but eventually had to get off to get where she was going. At this point, she did not see any mops, buckets, or signs. As Helen stepped off, she slipped and fell to the floor.
Helen's husband's foot slipped too, but he was able to catch himself and did not fall.
The facilities standard policy and procedure was to put up caution signs in a square around wet areas.
The facility employees did not dispute that the area was slippery.
Consider the previously mentioned aspects of slip and fall lawsuits:
1. Is the facility liable?
2. Did the facility act reasonably to prevent an accident?
3. Was Helen careless?
Now it's time for you to be the judge.
Was the defendant 100%, 50%, or 0% liable for the accident?
Share your ruling in the comments section.
Look for Part II of our Slip and Fall Accidents series to find out what the judge actually ruled.
Watch Episode #4: • Slip and Fall Accidents, Part I
Produced by Luke W Russell
Music by JewelBeat