Slip and Fall/Trip and Fall Accidents

It’s safe to say that almost everyone has taken a spill in public. You’ve probably tripped on a curb, or took a misstep on a flight of stairs. Most of the time it happens when you aren’t paying attention to where you are walking, or it happens when you lose focus or get distracted by your surroundings. Aside from a little embarrassment, most of these slips or falls don’t do any real damage.

But every so often, these falls do real damage. Sometimes these falls aren’t the sort that can be laughed off. Sometimes a fall causes more than embarrassment. It can cause sprains, broken limbs, or even a brain injury. And sometimes, these falls happen not because of a mistake on your part, but because of the carelessness or negligence of others.

It’s a fairly simple premise: Business owners or property managers are responsible for making sure that their stores, rental properties or hotels are safe for the general public. That means that any potential hazards are either clearly marked or closed off until they are fixed. That means that there is adequate security. That means that any work or maintenance being performed is done safely and in such a manner that no passersby will be affected.

When a business owner or property manager fails to provide for the safety of their customers, tenants, guests or passersby, people can get hurt. This falls squarely under the category of Premises Liability.

Premises liability injuries can and do happen in almost every conceivable place that is frequented by the public. Stores, amusement parks, hotels, apartment buildings shopping malls and parking garages have all been the site of serious, life changing injuries that occurred solely due to the carelessness of those that were supposed to be in charge.

Slip and Fall/Trip and Fall: These are instances where someone loses their balance and falls. Common causes are unmarked wet floors, unlit stairwells, poorly maintained sidewalks or floors, or unmarked grates.

Construction/Maintenance: Property developers and contractors have an obligation to make sure that any improvements, construction or maintenance is done in such a way that danger to those not involved in the project is minimized. For instance, painters, window washers, electricians or other laborers should make sure that all of their tools are secured at all times. Something as small as a quarter-inch bolt can cause enormous damage if it is dropped from a great enough height. A building site that isn’t adequately sealed off or marked can prove deadly for passersby that aren’t aware of it.

Lack of Security: A resident of an apartment building or a guest at a hotel who suffers from an assault, robbery or rape should consider the circumstances that led to the crime. It is the owner or the property manager’s job to make sure that their tenants or guests are as safe as possible from intruders and criminals, and failure to do so due to weak locks, no control of who can access the building, not enough security guards, or security guards that are poorly trained can be considered negligent behavior.

Exposure to Chemicals/Disease: A business or property owner that exposes tenants and/or customers to hazardous materials such as lead paint, asbestos or mold can be liable for any medical costs or other related damages, even if he claims to have been unaware of the problem. Claiming ignorance of the situation simply means that there were not enough adequate inspections to ensure that those working or living in the property were able to do so safely. Similarly, conditions that lead to Legionnaires Disease or similar illnesses are the responsibility of the hotel or cruise ship owners.

Peter Panas: Don’t Get Hurt Again

Peter Panas is a New York attorney that has dedicated his career to helping the injured. During the course of his career, he has found that for the most part, property owners and business managers are usually willing to do the right thing when someone gets hurt on their watch. Unfortunately, it isn’t always up to them. As anyone who has had to file a claim with an insurance company can tell you, getting a fair payment out of them can be a nightmare, and usually it’s the insurance company’s responsibility to compensate the injured.

Over the past few years, big insurance has led a remarkably effective PR campaign with the intention of making it seem like there is a “lawsuit explosion,” and that most of these lawsuits are somehow faked, exaggerated or frivolous. Accidents where someone slips and injures themselves on the property of someone else seem to get special notice, and the usual tactic of insurance company lawyers is to make the victim feel like a criminal. As a former attorney for a medical malpractice defense firm, Peter Panas is well aware of the methods of insurance company lawyers, and can keep the focus off of innuendos and smears and put it back on what’s important. Peter is the author of a multi-volume series on important legal issues for the injured, and by following this link you can read an excerpt that offers practical advice for those seeking legal help.

Peter does his best to see that all of the aspects of the injury are covered. This includes medical bills, lost wages, transportation and household costs, and lost future earnings, and pain and suffering.

Should you or a loved one be injured due to no fault of your own, contact our law offices for a free case assessment.

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Library for Slip and Fall/Trip and Fall Accidents:

• Consumer Guide for Slip and Fall Accidents [PDF]   
  Description: In this excerpt from his multi-volume Consumer Guide, Peter Panas gives some practical information about slip and fall accidents.

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Frequent Questions for Slip and Fall/Trip and Fall Accidents:

• I slipped in a public park. How long do I have to file suit?
• They are saying that I am entitled to nothing because I slipped on something that was "open and obvious?"
  
  What does that mean?