A slip and fall injury in the legal context is a type of personal injury. In a slip and fall personal injury case, the injured person slips and gets injured due to the fall. The case general fall in the broader category of premises liability claim. This is because slip and trip injuries occur on 'premises'. And the person who owns or maintains the property is responsible for the injury.
According to the National Safety Council, nearly 9 million slips and fall injuries are treated in the US every year. In most cases, the slips and fall results in minor scraping or bruising. But serious injuries can result in some cases. Treating the injuries may require hospitalization, and even surgery.
Liability in Case of Slip and Fall Injuries
The liability in case of slip and trip injuries differs. It depends on the location where the injury occurs. Let's look at the common situations where slip and fall injury occurs and who is liable for the injury.
1. Injuries at a Residential Property
If a person gets injured due to slip and fall on a residential property, the property owner is liable. But the owner of the property should have known about the dangerous condition to be liable.
To establish that the liability of the property owner, the injured person must prove that:
· The owner knew about the dangerous condition.
· The owner had created the condition.
· The owner had acted negligently in addressing the hazardous condition.
· The dangerous condition must have existed for a sufficiently long time.
In addition, the injured person must not have anticipated the dangerous condition. In case the harmful condition was obvious, the owner is not liable for any injury.
2. Injuries at a Public/Commercial Property
Public and commercial properties comprise of areas that the general public visits. It includes amusement parks, dollar stores, restaurants, and other attractions.
The owner of a public property may be the government or a company.
Public property owners have the responsibility to keep the place clean and safe. They need to ensure that there are no dangerous conditions that can result in a slip and trip injuries. It's important to ensure that there is adequate lighting. Also, the handrails on the staircases should be properly secured.
When there is a dangerous situation such as a spill on the road or a construction zone, barriers must be in place. Also, proper signage should be placed to let the public know of the dangerous situation.
3. Injuries at a Nursing Home
One of the most common areas where slip and trip injuries occur is at the nursing home. The slip and trip cases in the nursing home can occur due to any of the following reasons.
· Falls due to improper equipment use
· Falls due to administration of improper medications
· Injuries due to environmental hazards
· Falls due to general weakness because of malnutrition
· Falls due to mistake of the caretaker while moving the person
In any of the above cases, you can sue the nursing care firm to get compensation. It's best that you contact a professional personal injury attorney in Ohio to get help and advice.
4. Injuries at a Resort
Sip and trip accidents at a resort require special consideration. The liability in case of a slip and trip injury at a resort comes down to negligence.
The following two conditions determine the liability of the resort owner.
· Control over the Dangerous Situation - The resort owner must have over the situation to be liable. For instance, suppose that one of the resort employees had dropped vegetable oil on the floor. If a person slips and falls as a result of the oil on the floor, the resort owner is liable. This is because the owner is liable for the action of employees.
But if the guest slips due to a ketchup on the floor that was squirted by a guest, then the resort owner is not responsible. The reason is that the resort owner is not responsible for the guests' actions.
· Knowledge of the Dangerous Situation - The resort owner should have known about the dangerous condition. In some cases, a resort owner can claim no knowledge of a hazardous condition but still be liable. This is the case when the resort owner should have reasonably known of the condition but took no action.
For instance, suppose that there was an ice storm at the resort. Due to heavy rainfall the sidewalk slicked-up resulting in a slip and fall injury. The resort will not be liable if a guest slipped immediately after the rain. This is because the resort employees were not aware of the condition. However, if the sleet storm happened 12 hours earlier, the resort will probably be liable for negligence.
Determining liability in slip and trip cases is not easy. A lot of factors determine the liability in the personal injury case. That's why it's important that you contact a professional personal injury attorney before filing a claim.
Getting the help of a qualified legal professional from the start is important. A personal injury attorney will interview witnesses and guide you to make a successful personal injury claim.
At Christopher Jackson Law, we strive to help our clients get the most favorable outcome. Your steps in making a claim of personal injury will become a lot easier when you hire our services. Our team of legal specialists will look at your case and offer qualified guidance.
In case you have a personal injury case in Ohio, you can contact us for an initial consultation for free. We can walk you through the procedure involved in making a claim against the guilty party.