How Do Slip and Fall Injury Cases Work

Yellow Caution Wet Floor sign on a tile floor

Slip and fall accidents are more than just painful. In some cases, they can be completely debilitating. From fractured bones to head trauma or spinal cord injuries, one misplaced step is all it takes to change a life. 

If you or a loved one is dealing with a slip and fall injury that is the direct result of somebody else’s negligence, then you might be entitled to compensation. Though it may feel overwhelming to pursue a legal battle while in recovery, seeking damages could take stress off of your shoulders by helping with hospital bills and other injury-related costs. 

At OlsenDaines, we strive to make the legal process easy and straightforward so you can focus on getting better. To help you determine your next steps, here’s a guide on how slip and fall injury cases work and what you can expect when filing a claim:

What Is a Slip and Fall Claim?

A “slip and fall” claim is a specific type of personal injury case. The purpose of the claim is to help individuals recover damages – typically monetary compensation – after sustaining injury while slipping or tripping on somebody else’s property. However, not every accident justifies a slip and fall claim. For a successful case, you must be able to demonstrate these main points:

  • The property owner had a responsibility to keep the property reasonably safe
  • The property owner failed to meet that responsibility through negligence
  • Your injury was the direct result of their negligence
  • You suffered damages because of your injury

If you believe your situation meets all of those criteria, you should contact a personal injury attorney for assistance as soon as possible. They will be able to examine your situation closely and help you through each stage of the claims process. Read on to learn more about what to expect when beginning a slip and fall legal case.

Proving a Slip and Fall Claim

Perhaps the most challenging aspect of any personal injury claim is proving liability. Slip and fall cases are no different, and there are a few different things you will need to consider when trying to prove that your injury was caused by somebody else’s negligence:

“Duty of Care” and Premises Liability Law

Premises liability laws state that property owners owe a “duty of care” to people who visit their land. In other words, these rules hold property owners accountable for keeping their space adequately safe at all times. However, their level of responsibility largely depends on your status as a visitor:

  • Business invitees are individuals who are invited onto the property to conduct business – for example, visiting a grocery store or a mall. Property owners owe these types of visitors the highest duty of care. Generally, this means the owner is responsible for routinely inspecting their space for potential hazards and quickly remedying or notifying visitors of any possible safety concerns.
  • Licensees and social guests are individuals who visit the property with the owner’s consent, but not for business. Property owners still owe duty of care to these visitors but are not required to frequently monitor their space on the same level as a business owner. Typically they are responsible for remedying or warning visitors of known hazards.
  • Trespassers are individuals who illegally enter the property without the owner’s consent. Trespassers are not owed any duty of care, which means the property owner will not be liable for any injuries sustained on their land.

What Qualifies as Negligence in a Slip and Fall Case?

Once we prove that the property owner owed you a duty of care, we will need to demonstrate that they failed to fulfill that duty. To put it differently, we’ll have to show that they ignored or failed to notice a safety hazard that directly led to your injury. This step will look different for every case, though some of the most common examples of negligence include:

  • Loose or broken floorboards
  • Cluttered walkways
  • Parking lot potholes
  • Torn or loose carpeting
  • Uneven steps or stairs
  • Oily, waxy, or wet floors
  • Low lighting or visibility
  • Lack of safety signage

If your injury was caused by a similar safety hazard that you received no warning about, then the property owner is likely liable for the accident. Not sure if your situation qualifies? Don’t worry – our attorneys can help answer all of your questions. Just give us a call to schedule your free legal consultation.

Tips for a Successful Slip and Fall Case

Proving a slip and fall case can be very tricky depending on your unique situation. However, we have some advice that can make the process a lot easier and faster. If you are planning to file a slip and fall claim, consider these tips:

  • Seek medical attention right away: After sustaining an injury, health should be your top priority. Visit a doctor immediately after the accident to assess, treat, and document any injuries that were caused by the accident.
  • Document as much as you can: Once you are safe and able, write down as much information as you can. Collect the names, addresses, and phone numbers of potential witnesses. Write the date, time, and exact location of the accident.
  • If possible, take pictures of the scene: Though this may not be entirely possible in every situation, pictures of the exact location where your injury took place will help your case immensely. Try to capture a few that show what your perspective looked like as you approached the safety hazard.
  • Avoid posting on social media: Social media is a big part of our lives, and it may be tempting to continuously share everything online. However, your posts can be used against you – even if they don’t directly relate to your accident. For example, if you are claiming that the injury caused serious emotional distress but are posting about a party, it would be much harder to prove your case.
  • Keep all of your medical and treatment documents: Don’t throw away any paperwork from doctors, physical therapists, massage therapists, or any other health professionals that you visit following your injury. Their reports and invoices will help you build a solid case and request an accurate amount in damages.
  • Note any days you miss from work: Keep a record of any hours that you had to take off work as a result of the injury. Include any instances where you had to leave early for recovery-related reasons such as medical visits or therapy appointments. 
  • Don’t wait too long to start your case: In the state of Oregon, personal injury cases must be filed within two years of the date of injury. Failing to meet this deadline will prevent you from recovering damages at all. 

Contact an Experienced Personal Injury Attorney

Slip and fall accidents are unpredictable, and they can be incredibly stressful to recover from. At OlsenDaines, our slip and fall accident attorneys are dedicated to helping you heal in peace by guiding you through the claims process. With over 40 years of experience in Oregon law, we know how to deliver favorable outcomes for our clients. To get started, schedule your free legal consultation today.

Proving Liability in a Slip and Fall Case

 

Life is unpredictable. One minute you’re picking through the vegetables at Sherm’s Thunderbird in Klamath Falls, and the next minute you’re flat on your back, under a pile of tomatoes, staring up at the ceiling.

A slip and fall can happen anywhere. And when it does, you need to know a few things.

What Caused It.

As we said, a slip and fall can occur anywhere, at any time. Sometimes people just trip over their own feet. But at other times, there is a condition on the property (water, a banana peel, snow, ice, etc.) that caused or contributed to it.

While property owners have a duty to keep their property in good repair so that others do not get hurt, not every condition will make the property owner liable for injuries sustained on the premises due to a slip and fall.  Generally, the owner’s liability will depend on whether or not he or she knew of the dangerous condition, took appropriate actions to maintain the property in a safe condition, or to warn people of potential dangers.  

Proving Liability for a Slip and Fall.

A “slip-and-fall” is a type of personal injury case. Slip and fall cases generally come under the broader category of “premises liability” actions.

In the world of personal injury actions, slip and fall cases can be some of the most difficult to prove.

Why?

Because there is a tension in the law when it comes to premises liability. While a property owner has a duty to keep the property in a reasonably safe condition, those entering on another’s property have their own duties as well. Each person assumes normal risks and every person is expected to be aware of, and avoid, dangerous conditions. A dangerous condition is one which presents an unreasonable risk to the person entering the property, and it must be one which the injured person could not have anticipated.

In a slip and fall case like the one we pose above, to prevail at trial, you must prove that the property owner knew a dangerous condition existed and that:

  • The owner (or possessor)  knew the condition existed yet negligently failed to correct it or warn guests about it; or
  • The condition existed for so long that the owner (or possessor) should have known about it and corrected it before the accident occurred.

For a property owner or possessor to be held liable, it must have been foreseeable that his negligence would create the danger at issue.

Many factors go into proving a slip and fall case.

Don’t Go It Alone!

If you or someone you love has been injured in a slip and fall case, we can advise you as to your case. We provide free consultations and we have offices in Klamath Falls, Salem, Albany, Bend, Tigard and a number of other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. Contact us toll free at: 1-800-682.9568

What is the Statute of Limitations on Filing my Personal Injury Lawsuit?

Every state has its own deadline for filing personal injury lawsuits; this deadline is referred to as the “statute of limitations.” This means that a lawsuit must be filed within a certain time limit from the accident or injury, or else the injured party’s legal claim will be barred and they will forever lose the right to sue over that claim. In other words, the clock starts running on the statute of limitations on the day that you were injured. Depending on the state, the statute of limitations for personal injury cases ranges from one to six years. It’s important that, in the event you have an accident or slip and fall case, you are aware of the applicable statute of limitations to ensure that you don’t file your claim too late.

In some states, the type of personal injury claim can affect the time limit the injured party has to file a claim. For example, some kinds of defamation cases and claims involving persons under 18 may be granted longer time limits, while medical malpractice claims might get a reduced time limit. Most states have an exception to the standard statute of limitations time limits known as the “discovery rule” (or “discovery of harm” rule). The discovery rule exception extends the filing deadline in cases where the injured party was unaware of either: the injury, or the fact that the defendant’s actions may have caused the injury.

An example of the discovery rule in action is a medical malpractice claim where a surgeon left a temporary bandage in a patient’s abdomen, but the mistake was not discovered until years later. In this case, the statute of limitations would probably not start to run until the mistake was discovered. However, for this exception to apply, the delay in discovery must be reasonable. For example, if the patient experienced abdominal pain for years after the mistake but refused to seek treatment, the discovery rule exception might not apply.

What Are the Most Common Slip and Fall Accidents?

Slip and fall accidents result in thousands of traumatic injuries every year. Here are some of the most common types of slip and falls, and somethings you can watch out for.

  1. Wet and Uneven Surface

This type of accident accounts for 55% of slip and falls every year. When you’re walking anywhere watch out for the following (particularly if you’re in unfamiliar surroundings):

  • Loose floorboards
  • Defective sidewalks
  • Parking lot potholes
  • Cluttered floors
  • Torn carpeting
  • Recently mopped or waxed areas
  • Loose mats
  • Any place where water or other liquid has accumulated
  • Rundown or poorly constructed stairways
  1. Adverse Weather Conditions

Bad weather causes a significant number of slip and fall accidents every year. While winter weather isn’t the only culprit, it does present the most common hazards. Watch for patches of ice, sidewalks and staircases that haven’t been shoveled or salted, and black ice on the pavement.

  1. Improper training in the workplace

Slip and falls are common in the workplace, particularly the construction industry; and they frequently result in litigation. When employees in high risk industries are not given proper safety training or procedures, the risk of slip and falls and other injuries goes up exponentially. Employees should make sure that they receive proper training on all equipment and tools they are expected to use.

  1. Nursing Home Neglect

Sadly, slip and fall accidents are common in nursing homes. The elderly often have an impaired sense of balance which leaves them especially vulnerable to slipping and falling. This risk is compounded by the fact that the chances of a slip and fall injury being life-threatening are also increased in the case of elderly adults. If you have a loved one in a nursing home, make sure the administrators and aides are properly assisting and monitoring their residents.

  1. Footwear

The National Floor Safety Institute has found that 24% of all slip and falls are caused by the wearing of improper footwear. The major risk factor here is when shoes or boots do not offer the right kind of traction for the conditions at hand.

How Can I Prove a Slip and Fall Accident?

Thousands of people are injured in slip and fall accidents every year. These include slipping on a slick surface, falling down stairs, tripping over an object, or stepping in a hole. Proving fault in a slip and fall accident is often difficult, but if you are injured you should know how to go about making a case.

There are four basic elements that must be proven to win a slip and fall claim. Simply because you had an accident on someone else’s property is not necessarily enough to mount a strong case. It must be shown that the property owner had a responsibility to maintain the premises and address any harmful conditions (within reason). In other words, could have the property owner have prevented the accident? While property owners will not necessarily be held liable for something a reasonable person would have avoided, they are expected to take reasonable steps to keep their property free of potentially harmful or unsafe conditions. Courts will often balance the property owner’s duty to keep the premises safe against the care that the accident victim should have used.

To prevail in a slip and fall claim, you will likely have to show one of the following:

  • The property owner should have known that the dangerous condition existed, i.e. because a reasonable person in the property owner/employer’s position would have known about such a condition and addressed it.
  • The property owner did in fact know that the dangerous condition existed, but made no attempts to address it.
  • The property owner caused the dangerous condition.

The first element (whether a reasonable person would have known about the condition) is the one most often litigated, and the most difficult to prove. Here are some questions to ask when trying to assess the reasonable person question:

  • Did the dangerous condition exist long enough that a reasonable property owner could have/would have taken action to address it?
  • Did the property owner have a policy or procedures in place to routinely check for potential hazards or safety issues?
  • Was there a reasonable justification for the existence of the dangerous condition?
  • Could the dangerous condition be mitigated through preventative measures?
  • Was poor lighting or visibility a factor in the accident?

5 Things to Know About a Slip and Fall Accident

A slip and fall accident occurs when a person slips, trips, or falls on someone else’s property as a result of a dangerous or hazardous condition. It includes falls caused by water, ice, snow, uneven flooring, poor lighting, or a hidden hazard like a hole in the ground. These types of accidents can be extremely serious, resulting in back, head, and neck injuries that can produce lifelong pain and health issues. Here are five things to keep in mind if you or a love one is involved in a slip and fall accident.

  1. Immediately get help. Not only do you want to get necessary medical assistance on the scene as fast as possible, you need to let an employee or property owner know want happened so you can establish a record of the incident.
  2. Do not provide the insurance company with any kind of recorded statement. Claims adjusters often try to get the injured person to agree to a recorded question and answer session over the telephone. Do not let yourself be talked into this, as you have nothing to gain and a lot to lose by it. You probably don’t know the details or extent of your injuries yet, or even the basic facts of what happened and why. Don’t get locked into a premature statement on the record.
  3. Follow through in necessary medical treatments and follow-up visits. While some people avoid going to the doctor or physical therapist at all costs, this is emphatically not the course you want to take after a slip and fall accident. Not only do you need to make sure your injuries are properly treated for the sake of your health, not following the advice of your doctors can make the insurance company suspicious that your injuries are not as serious as you’re claiming.
  4. Make notes throughout the process. First, write down everything you can remember and learn about the injury itself. Then keep track of your physician visits and all medical treatments, and the daily status of your injuries. Also keep track of any loss of wages due to an inability to work.
  5. Stay off of social media. Thoughtless updates on Facebook or Instagram can be disastrous for personal injury litigation. Don’t do the opposing side’s job for them.