Homeowners and rental unit tenants are responsible for the safety of their homes. The reasonable expectations of the invited guest are paramount.
Hidden hazards are the most frequent reasons for injuries in the home. Injuries on commercial premises or public property are equally as frequent and often times avoidable.
Some of the most common places where slip and fall injuries occur include:
- Ice or snow on a pedestrian walkway
- Water, liquid or food on a grocery store floor
- Faulty design of railings, stairways
- Pot holes and sidewalk defects
- Lack of warning signage
- Lack of inspection and maintenance
- Hazardous furniture
- Faulty doorway thresholds or mechanisms
Things to know after you slip and fall
If you happen to find yourself in a situation where you have slipped and fallen in one of these circumstances, you’ll likely be asked one or more of the following questions. Here is some advice in case this happens.
Report the injury to the owner, occupier or tenant in control but do not detail the actual events yet. You may be stuck with what you report.
In the case of a municipal defendant, serve a written notice on the clerk within seven days of the event.
Do you have photo or audio/video evidence of the events? It is extremely important to preserve all the evidence and to document the fall. Take pictures and video and keep samples of physical evidence.
Did you preserve the footwear, damaged clothing or other evidence? These are key pieces necessary to complete the investigation. This is called physical evidence, so preserve it.
How to identify witnesses
Were there witnesses? It is important to record the names, addresses and all logistics of any independent witness who saw the event, who previously saw the hazard or is aware of it, and even the results of the fall. Get a statement to support what happened from any witness whether independent or not.
Are visitors safe when entering your home?
Was the home or property inherently unsafe for guests, visitors or even trespassers? Even a trespasser could have a claim where the premises are not safe. Take a video of the location with lights on and off if possible. Take note of any warnings or lack of warning.
Was there a hidden hazard on the premises? Try to identify things like a faulty stairway carpet, a loose nail or screw, or anything else that can impede someone from safely entering a home.
Were there warnings about any hazard hidden or otherwise?
Was the lighting adequate and working?
Was the design of the stairway or area of the fall safe? No railing could mean trouble for a homeowner. Was the design suitable for the visitors including elderly, infirm or children?
Did the occupier have a system of inspection? Occupiers of commercial property are required to have a system in place for monitoring the premises.
Would a reasonable inspection have revealed the hazard?
How long was the hazard present and undetected?
How many visitors/guests use the premises and how many did so safely?
Did the occupier outsource the maintenance of their premises? This often includes whether they hire people to remove snow from their driveway or sidewalk in addition to ice salting, sanding or any lawn maintenance. This contractor may also be a defendant who is liable.
Are there video cameras that could preserve the events?
An injured person’s responsibilities
Was the injured person attentive and wearing appropriate clothing and footwear? Sometimes the onus is on the victim to avoid the fall. This is called contributory negligence.
Was the injured person impaired by drugs or alcohol or illegal substance?
Was the injured person carrying out an ill-advised or illegal activity? Though trespassers may have the right to receive damages, this is still an important question as a judge or jury may not approve your version of events.
Are there signs of warning? Most businesses take special care to provide their guests with a safe customer experience. Spills are common in grocery stores, for example, which must be cleaned up properly and a sign posted to advise of wet floors. Sometimes neglect of this simple task occurs.
Preventing slips and falls is simple. Pursuing damages can be challenging.
Understanding the legal issues and preserving evidence will improve the potential for damages in most slip/trip and fall incidents.
