Ice, snow, and sleet are recipes for disaster when it comes to safety during the winter months, and staying on two feet can be a challenge for people of any age when these conditions strike. That’s why it’s important to understand slip and fall lawsuits, and how serious these accidents can be.
Slips and falls, especially in icy conditions, can cause serious injury and sometimes even death. In 2009, 212,760 work-related injury cases involved falls, according to the Bureau of Labor and Statistics. In addition, in 2006 there were 52 fatal injuries from falls on the ground, walkway or surface.
Those numbers don’t even include falls that occurred outside of the workplace. In some cases, people will slip and fall on someone else’s property or a business. Still, people who have sustained significant slip and fall injuries may be able to be compensated, depending on the following circumstances:
Circumstances justifying a claim:
• The owner of the property or business caused the spill, or was responsible for creating the slippery or dangerous surface that caused the fall. For example, pouring water on the sidewalk on a cold day, running a hose or water in a driveway in winter, etc.
• The landlord knew about the dangerous surface, such as ice on the steps or piled snow in front of the door, and did nothing about it, when he realized it was dangerous.
• The property or business owner should have known about the problem, and it can be proven that another “reasonable” person would have discovered it and repaired or fixed it.
Circumstances that do NOT justify a lawsuit:
• The conditions, or surface, where the fall occurred were natural conditions. This would include a natural slope to the ground surface, a drainage grate, or a manhole.
• Natural conditions were those that the property or business owner could not have prevented or controlled at all times. This would include a sidewalk during a rain or snow storm.
• The fall was due to the pedestrian not paying attention or being distracted.
There can be a fine line as to whether the circumstances that caused a slip and fall accident warrant a lawsuit, therefore someone looking to file a lawsuit based on a slip and fall accident should seek the help of an attorney.
A personal injury attorney or slip and fall attorney could handle this type of claim and help the victim decide if someone else is at fault for their fall and injuries. Personal injury lawyers are familiar with your state’s procedures and are also familiar with employment laws and the types of insurance workplaces already offer for slip and fall accidents.
Although slip and fall attorneys can help provide compensation for an accident that was someone else’s fault, the best way to handle slip and fall claims is to avoid them, especially during the winter. Owners must maintain security on their property during the winter; Clear snow from stairs, sidewalks, and driveways, and make it a habit to check the property for potential hazards. Pedestrians must be mindful of weather conditions and pay attention to where they are walking, limiting distractions in hazardous conditions.