SLIP AND FALL ACCIDENTS

In general terms, a slip and fall accident refers to situations where a person is injured by slipping, tripping or otherwise falling due to a dangerous condition on a premises. These incidents can happen inside or outside a building and are caused by dangers like wet floors, decaying stairs, faulty construction and other general defects.

Premises owners, including homeowners and building owners, owe a duty of care to keep their premises in a reasonably safe condition and to protect against an unreasonable harm caused by a dangerous condition on the land.

The level of care required under the law varies depending on the status of the injured person at the time of the incident. Invitees, like a customer at a store, are given the highest level of care, while trespassers are provided the least amount of protection under the law. Licensees are provided more protection than a trespasser but less than an invitee. Most licensees are social guests, like a person visiting a friend's home.

In general, the most common premises liability cases are:

• Slip and fall incidents at business establishments, apartment communities and private homes by slippery substances such as water
• Trip and fall incidents at business establishments or private homes caused by rotting staircases and handrails and defective sidewalks or flooring
• Construction site accidents caused by the negligence of general contractors or sub-contractors

Another important factor in slip and fall cases is a legal term called "notice". For a building owner to be held liable for his negligence, he must have actual or constructive notice of the danger. This means the owner knew, or should have known, about the dangerous condition before the incident took place. Establishing notice is extremely important and can mean the difference between getting compensation and a judge dismissing your case.

With respect to slip and fall incidents and trip and fall incidents, there are a number of defences available to building and apartment owners. One of the most popular and dangerous defences used by building owners is the open and obvious doctrine.

If you are injured due to a slip and fall or trip and fall, and you think it was due to the negligence or fault of somebody else, there are a number of actions you should take.

First, if you are hurt, it is important you seek medical attention immediately. A delay in getting medical help can make a minor medical problem much worse.

Second, get as much information about what caused you to fall as possible. If you can take photographs of the defective area, please do so. Make sure the photos are clear and accurate.

Get the names and telephone numbers of witnesses. Also, note the conditions in the area at the time of the fall. For example, was the lighting poor or was there some substance on the ground that made you fall.

You should also write down other information surrounding the circumstances of the fall to help you remember the information for the future.

Talk to the building owner or manager in charge of the premises that was negligent. Explain that you were hurt and why. However, never provide a written statement to the building owner or manager. And most importantly, do not talk to an insurance representative of the building owner or manager without first contacting a lawyer.

There are certain time limits in bring a slip and fall case. This is called a statute of limitations. Against a city or municipality, notice must be given within 7 days. Most all others is two years.

Enzo DiGioia and The Legal Solution Professional Corporation team are slip and fall and trip and fall accident experts. We have represented accident victims for over 15 years. It is our goal to answer any questions you have and fight for all the compensation you are entitled to under the law.

And remember, you pay no fees until we settle your slip and fall or trip and fall accident case. Let us help you. Call 519-252-6969.