A broken stair or a slippery floor can literally take your feet out from under you causing mild pain and maybe some embarrassment. Other times a slip and fall could result in injuries that are much more significant requiring medical treatment and injury accommodations. Our slip and fall attorneys want you to know that slips, trips, and falls due to unexpected dangerous conditions are nothing to be embarrassed about. In fact, when a fall is caused by a dangerous condition on someone else’s property, the property owner or person responsible for maintaining the premises may be liable for your injuries.
Factual considerations in determining liability
See below for factual considerations that will be looked into when determining slip and fall liability.
- Why were you on the property when your fall occurred? Were you walking in a retail parking lot, at a neighbor’s party, shopping in the grocery store? The duty of care owed to you depends partly on what type of guest you were. There is very little duty of care owed to a trespasser.
- Did the owner know about or should the owner have known about the danger that caused your fall? For example, if you slipped on a spilled drink and the owner had not had reasonable time to discover the spill, you may need more facts to prove the owner’s negligence. In another example, if you slipped on an icy storefront walkway that had been covered with ice for two weeks, you will have an easier time proving negligence.
- Did you receive a warning about the dangerous condition? It could be a verbal warning or a posted sign such as ‘Watch for falling debris’ or ‘Caution! Wet floor.’
Dangerous conditions causing falls
Slip and fall cases often occur because of dangerous conditions at a place of business or public property. Common dangerous conditions causing injuries include:
- Snow and ice in parking lots and on sidewalks
- Slippery floors due to spills or freshly mopped floors
- Unexpected obstructions or protrusions in walkways and aisles
- Unlit walkways and stairwells
- Broken or poorly maintained stairs, railings, and floors
- Potholes and cracks in pavement
What to do when you slip or trip and fall
When you are injured on someone else’s property it is important that you see a doctor and follow through with any recommended treatment such as physical therapy. If possible, get photos of the dangerous condition that caused your fall and be very careful of speaking with the property owner’s insurance company if they contact you. They may use anything you say to try to prove that your own negligence caused your fall or that your injuries are not as significant as you claim.
If you have been injured due to a dangerous condition on someone else’s property, contact an Atlantic City slip and fall attorney at The Law Offices of Greg Prosmushkin, P.C. Our slip and fall team will review the facts of your case and discuss your legal options. Our premises liability experts will help you get the compensation that you deserve for your injuries caused by someone else’s negligence.