SLIP & FALL
WHAT IS A "SLIP AND FALL"?
A "slip
and fall" or "trip and fall" is the generic term for an injury
which occurs when someone slips, trips or falls as a result of a dangerous or
hazardous condition on someone else's property. It includes falls as a result
of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or
a hidden hazard, such as a gap or hard to see hole in the ground.
If you are on someone else's property and injure yourself as a result of a
dangerous condition on the property, the land owner or business proprietor may
be liable for your injuries. If you are a property owner and someone injures
himself on your land, you may find yourself legally responsible for his or her
injuries.
WHAT IS A DANGEROUS OR HAZARDOUS
CONDITION?
Property
owners are responsible for injuries that occur as a result of a dangerous or
hazardous condition on their property, which the owner knew about, or should
have known about. The hazard may be obvious (such as a broken stair) or hidden
(like a hole in a lawn that is partially covered by grass). In some instances
it may not be apparent, as in flooring which appears normal, but is slippery.
It could be permanent, like broken concrete with a change in elevation, or
temporary, like a liquid spill in a supermarket aisle.
In general, an owner will be considered to have knowledge of a dangerous or
hazardous condition if it is permanent in nature, since the owner knew, or
should have known, about the condition before the incident occurs.
In the case of temporary conditions (like a liquid spill), the length of time
that the condition existed before the incident occurred has legal significance.
If the spill occurred just before the incident, then the property owner may not
be liable for injury, since the owner could not have known about the spill (and
would not have been able to do anything about it) before the slip and fall
occurred. However, if the spill was present for some period of time before the
incident, or occurs in an area subject to liquid spills, or is a recurring
event ("every time they wash the floor someone slips") then the owner
may be liable, even if the owner did not know about the spill before it
occurred.
WHAT SHOULD I DO IMMEDIATELY AFTER A
SLIP AND FALL, OR SHORTLY AFTER THE INCIDENT?
Inspect the
area where you fell. What caused you to fall? Did anyone see you fall? Write
down the names, addresses and phone numbers of anyone in the vicinity where the
incident occurred – both those who saw you fall, and others who were there
after the incident -- since you may need them as witnesses on your behalf if
the landowner disputes your claim. Even if someone did not see you fall, he or
she could, if necessary, describe your pain and the conditions of the floor,
lighting, etc. immediately after you fell.
If the incident occurred in a store or place of business, speak with the
manager or supervisor on duty. Have them make a record of the incident, and get
a copy of anything prepared by the business. If anyone (especially an employee,
supervisor or manager) makes a comment suggesting that this has occurred
before, or that they were aware of the condition before your fall, make a
mental note. If possible, get the name of the person who make the comment. As
soon as you are out of the store, write down the name and what exactly the
person said, and who else heard him make the statement.
Even if the condition that caused your fall is permanent, or semi-permanent
(like ice on a sidewalk in Duluth in winter). Have someone take photographs of
the area as soon as possible, so a record is made. Buying a tiny throwaway
camera for $5 to $10 may be a good investment. Even "permanent
conditions" have a way of changing if the landowner thinks that you might
file a claim for injuries.
WHAT SHOULD I AVOID DOING?
Be very
careful about signing any statement regarding the incident; if there are any
errors, or if it sets out part of the facts but not all of them, you may be
held to an incomplete or misleading representation of the facts. If you provide
a statement, get a copy for yourself. Be careful also about what you say.
Saying "I'm so clumsy, it probably was my fault" may make you feel
better, but would hurt a claim if it turns out others fall there all the time.
If the landowner has insurance (which is likely), a claims adjuster may call
you to take a statement over the phone. Before providing a statement to a
claims adjuster, or a subsequent statement to the land owner, you may want to
speak with an attorney to discuss your rights. A claims adjuster may attempt to
get you to admit full or partial responsibility for the incident, or encourage
you to minimize the extent of your pain or injuries ("it really doesn't
hurt that much any more, does it?") or commit to your medical condition
before you have seen a doctor ("it's just a small bruise, isn't
it?"), or may try to get you to settle your claim and sign a release
("look, we're not at fault, it's only a scraped knee, but we'll pay you
$50 for a new pair of jeans and another $50 for the taxi") before you are
aware of the true nature of your medical condition.
I WAS INJURED AFTER A SLIP AND
FALL, AND I THINK IT WAS THE FAULT OF THE LANDOWNER. WHAT WILL I NEED TO PROVE
MY CASE?
While every
case is different, you will need (at a minimum) the following:
photos of the scene, ideally photos depicting the condition
as many witnesses to the incident, or the dangerous condition, as you can find
(remember you yourself are also a witness)
the "incident report" (if it occurred in a business establishment)
proof of your injuries, and damages; and
reports of prior incidents (if they exist).
Many cases will also require bringing in an expert witness, especially if the dangerous or hazardous condition is not apparent
(as in a slick surface), who can evaluate the condition and testify as to what
caused you to fall, based on his/her technical education, training or
experience.
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WHAT KINDS OF DAMAGES ARE
RECOVERABLE FOR THIS KIND OF INJURY?
This
depends on the jurisdiction and the facts of your particular case (an
attorney can help you with this). In general, the following damages may
be recoverable:
medical bills and expenses incurred as a result of the incident
lost income for time from work to recover
the fair value of any clothing damaged in the incident
compensation for pain and suffering as a result of the incident and
general damages
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If you think
you qualify, please fill out the form by clicking here: Do
I have a case?
Law
Office of John S. Xydakis, P.C.
Suite 3600
55 E.
Washington St.
Chicago, IL
60602
(312)
727-1100