Slip and Fall Accidents in 2023: What You Need to Know

Slip and fall accidents can happen to anyone, anywhere. The consequences can range from minor bruises to life-altering injuries.

My experience is that Wyomingites are a tough bunch. If it’s a minor bruise, someone in Wyoming is unlikely to call an attorney. But if it’s a severe injury, such a broken bone requiring surgery, then folks do call an attorney.

This comprehensive guide will provide you with insights on common slip and fall hazards, property owner responsibilities, the role of insurance, and the importance of legal assistance. By the end of the article, you’ll be equipped with the knowledge to protect yourself and others from potential slip and fall accidents.

Short Summary

• Slip and fall accidents are a common occurrence that can result in serious injuries due to hazardous or dangerous conditions on someone else’s property.
• Proving negligence is essential in slip and fall cases, involving demonstrating the property owner’s duty of care, breach of duty, and causation for any resulting injuries.
• Property owners have a legal responsibility to maintain safe premises while individuals must take personal safety measures such as wearing appropriate footwear when navigating potentially hazardous areas.

Understanding Slip and Fall Accidents

Slip and fall accidents occur when an individual slips, trips, or falls due to a hazardous or dangerous condition on someone else’s property, potentially resulting in injuries. These incidents are more common than one might think, with various factors contributing to them, such as spills, ice, snow, and loose mats.

We’ve represented individuals who were tripped by a loose mat, who fell on an pool of ice caused by a property manager, and who fell in an uncovered hole.

Injuries from slip and fall accidents can be classified into two primary categories: elevated falls and “same-level” falls. The consequences of these accidents can be severe, leading to head and traumatic brain injuries, broken bones, and other serious injuries.

Common Causes

Slip and fall accidents often result from wet or slippery floors, uneven surfaces, inadequate lighting, and obstacles in walkways. Property owners have a responsibility to maintain a safe environment and address potential hazards to protect visitors. Failure to do so may result in negligence on the part of the property owner and potential liability for the injuries sustained.

Trip and fall accidents, a subset of slip and fall incidents, occur when an individual fails to adjust their gait to account for an object obstructing their path, usually due to a lack of visibility or misjudgment of the necessary steps to avoid it. An accident can be prevented if property owners address or alert visitors of any risks when hazardous conditions arise.

Snow and Ice

Snow and ice are significant contributors to slip and fall accidents, as they can create slippery and hazardous conditions.

Wyoming follows the “natural accumulation rule” where a property owner is not responsible for falls caused by “naturally accumulating” snow and ice. There is a lot of nuance to whether snow or ice is a “natural accumulation.”

Local snow and ice removal ordinances may establish a “heightened standard of care” for property owners, requiring them to clear sidewalks and other public spaces of snow and ice within a specified timeframe.

Some towns and cities in Wyoming have these kinds of ordinances. Some don’t. You need to check.

Potential Injuries

Injuries from slip and fall accidents, including fall injuries, can range from minor to severe, with fractures, head trauma, and spinal cord damage being some of the most common fall related injuries. The severity of these injuries depends on various factors, such as the height of the fall, the surface on which the person lands, and the individual’s overall health and age.

Some slip and fall accidents can even be fatal, with survivors being eligible for substantial compensation, potentially reaching hundreds of thousands or even millions of dollars, including lost wages.

Regardless of the severity, it is crucial for victims to seek medical attention immediately following a slip and fall accident to ensure proper documentation and treatment of any injuries sustained.

Proving Negligence in Slip and Fall Cases

In slip and fall cases, it is essential to prove negligence on the part of the property owner in order to receive compensation. To establish negligence, three components must be demonstrated: duty of care, breach of duty, and causality. This process involves showing that the property owner had a responsibility to maintain a safe environment, failed to uphold this duty, and that this failure directly caused the victim’s injuries.

Demonstrating property owner’s negligence is key to holding the property owner accountable and obtaining compensation for any resulting injuries, medical bills, and other damages.

Duty of Care

In slip and fall cases, duty of care refers to the obligation of property owners to maintain a safe environment and reduce slip and fall hazards. This duty extends to any legal visitor on the property, and the property owner must take reasonable measures to protect visitors from potential hazards. Establishing the “status” of the visitor, such as an invitee or licensee, is essential in determining the duty of care owed by the property owner.

Failure to uphold this duty of care can result in liability for the property owner. For instance, if a property owner knew of a dangerous condition, such as a wet floor, and did not take the necessary steps to address it or warn visitors, they may be held responsible for any slip and fall accidents that occur.

Property owners generally have a duty to maintain their property according to building codes and standards. We have retained architects and other experts to examine whether a floor or surface was built and maintained to code.

Breach of Duty

A breach of duty in slip and fall cases occurs when a property owner neglects to keep the premises in a secure condition or fails to alert visitors of potential risks. This could include failing to remove hazards from walkways and floors, provide adequate lighting, or perform routine maintenance and inspections of the property. If a store or company fails to identify and rectify hazards, negligence may be attributed to them for not taking the necessary action.

In cases where the injured person shares partial responsibility for the slip and fall accident, their compensation may be proportionately reduced to reflect their degree of fault. This concept, known as comparative negligence, highlights the importance of proving a breach of duty on the part of the property owner in order to secure appropriate compensation for the victim.

Causation

Establishing causality is a critical component of proving negligence in slip and fall cases. Causation refers to the direct connection between the property owner’s failure to fulfill their duty and the injuries sustained by the victim. Demonstrating causality is essential to show that the injuries were a direct consequence of the property owner’s breach of duty.

To establish causality, victims can provide evidence of the property owner’s negligence, such as a lack of warning signs or inadequate maintenance of the premises. Additionally, witness testimony can play a crucial role in proving that the property owner’s negligence caused the accident.

The Role of Insurance in Slip and Fall Claims

Insurance plays a significant role in slip and fall claims, as it can offer coverage for both homeowner’s insurance and workers’ compensation. These insurance policies are designed to provide financial protection and compensation for slip and fall victims, depending on the circumstances of the accident.

Settlements for slip and fall incidents are usually covered by the insurance company that insures the property holder. It is a common practice among insurers to provide such settlements.

Commercial liability policy

These kinds of premises liability injuries often happen at a commercial property, like an apartment or store. In those instances, the property owner would have a general commercial liability policy that would provide coverage for your injuries.

Homeowner’s Insurance

Homeowner’s insurance is designed to protect property owners against potential claims. Slip and fall incidents are a frequent example of the coverage it provides.

Liability coverage within homeowner’s insurance policies provides financial protection for homeowners in the event of legal action and compensates victims for damages.

This coverage is crucial in ensuring that slip and fall victims receive the compensation they are entitled to for their injuries and losses.

We generally do not sue individual homeowners. We typically bring suit where there is insurance coverage.

Workers’ Compensation

Workers’ compensation covers slip and fall accidents that occur in the workplace. If an employee sustains an injury while at work, they must proceed through the workers’ compensation system, as legal action against their employer is not an option. One advantage of utilizing the workers’ compensation system is that it does not require the injured party to demonstrate negligence in order to receive benefits, so long as the incident occurred while carrying out job functions.

Legal Assistance for Slip and Fall Victims

Securing legal assistance is essential for slip and fall victims to comprehend their rights and options, as well as to obtain the compensation they are entitled to. Finding the right attorney and understanding how they can help can make a significant difference in the outcome of a slip and fall case.

From proving negligence to negotiating settlements, a skilled attorney can guide victims through the complex legal process and help them secure the best possible outcome for their case.

Finding the Right Attorney

To find a trustworthy and experienced slip and fall attorney, it is important to research their experience and reputation, read reviews, and arrange for consultations. Referrals from friends, family, or colleagues can also be a valuable resource in finding the right attorney for your case.

When searching for an attorney, it is crucial to ensure they have experience handling slip and fall cases, as this area of law requires specialized knowledge and expertise. By finding the right attorney, you can increase your chances of receiving fair compensation for your injuries and losses.

How an Attorney Can Help

An attorney can provide invaluable assistance to slip and fall victims in various ways. They can help gather evidence from the incident, monitor medical records, and liaise with insurance companies on the victim’s behalf. Furthermore, an attorney can manage negotiations with insurance companies and assess any settlement offers to ensure they meet the victim’s needs. In general, folks represented by an attorney receive far higher settlements. In my experience, folks who are not represented by an attorney are unable to settle a slip and fall case on their own. That’s why the call me.

By retaining a skilled slip and fall attorney, victims can focus on their recovery while the attorney handles the legal complexities of their case. This ensures that the victim’s rights are protected and that they receive the maximum compensation they are entitled to for their injuries and losses.

Preventing Slip and Fall Accidents

Preventing slip and fall accidents is a shared responsibility between property owners and individuals. By understanding property owner responsibilities and adopting personal safety measures, both parties can contribute to reducing the risk of slip and fall accidents and the potential injuries and losses they may cause.

Property owners should ensure that their premises are safe and free from hazards. In cases where a property owner failed to do so, this includes regularly inspecting.

Property Owner Responsibilities

Property owners have a responsibility to maintain their premises in a safe condition and minimize slip and fall hazards. This entails regularly inspecting the premises for any potential risks, such as wet floors, loose rugs, and uneven surfaces, and taking necessary steps to address any risks that are identified.

Property owners are also required to remove snow, ice, and slush from sidewalks in front of and adjacent to their property within a specified timeframe as per local regulations. By proactively addressing potential hazards and maintaining a safe environment, property owners can minimize the risk of slip and fall accidents on their premises and protect visitors from potential harm.

Personal Safety Measures

Individuals can also play an active role in preventing slip and fall accidents by adopting personal safety measures. Wearing appropriate footwear with non-slip soles can significantly reduce the risk of slipping and falling. Additionally, being mindful of one’s surroundings and paying attention to potential hazards, such as wet floors, uneven surfaces, and clutter, can help individuals avoid slip and fall accidents.

Using handrails when available and adjusting one’s gait to account for any obstructions in their path can also contribute to personal safety. By taking these precautions, individuals can protect themselves from the potential injuries and losses associated with slip and fall accidents.

Summary

Slip and fall accidents are a prevalent and often preventable issue. By understanding the causes, prevention methods, and legal aspects involved, both property owners and individuals can take proactive measures to reduce the risk of these accidents. When accidents do occur, securing the right legal assistance is crucial in ensuring that victims receive the compensation they deserve. By working together, we can create safer environments and minimize the impact of slip and fall accidents on our lives.

Frequently Asked Questions

Why are slip and fall cases hard to win?

Slip and fall cases can be hard to win due to the difficulty of proving negligence on someone’s part. Oftentimes, these incidents are seen as accidents that happened through no one’s fault. As such, it can be difficult to show that the incident was caused by someone’s negligence.

In order to prove negligence, it is important to collect evidence that shows that the property owner or occupier was aware of the hazard and failed to take reasonable steps to address it. This could include a trip to China.

What to do when you slip and fall?

Report your accident to property owners/managers, seek medical help, document everything and take detailed notes.

Additionally, don’t talk about your case on social media.

What is your highest settlement for a slip and fall?

We have obtained hundreds of thousands of dollars in settlements for people injured in slip and fall accidents in the the State of Wyoming.

What happens to your body after a fall?

Falls can cause serious injuries, ranging from broken bones to head injuries, that may significantly impact a person’s ability to complete everyday tasks.

In more severe cases, falls may even lead to irreversible brain damage, paralysis, or death.

What is the difference between a slip and fall and a trip and fall accident?

A slip and fall involves slipping on a wet or icy surface, while a trip and fall is caused by tripping over an obstacle.

This type of accident is common in department stores due to objects placed in the aisles or on shelves.