Definition of Slip And Fall Accident

Anyone can trip or have a slip and fall accident in the most unlikely of places and for no reason at all.  A slip and fall accident may be because of carelessness, inattention, or poor conditions.  If it is merely our own carelessness that caused the slip and fall accident, we have no one but ourselves to blame and we are responsible for the costs and consequences.  If, however, some degree of negligence on the part of the property owner or possessor is the cause of your slip and fall accident, you may have grounds for a premise liability (or property liability) lawsuit.  

In general, however, there are some guidelines to help you and your slip and fall attorney determine if a slip and fall accident is a premise liability case or merely carelessness.  First, you must know whether the property where you had your slip and fall accident was being maintained in a manner which is reasonable in order to protect the safety of those who visit.  The answer to three questions will help determine that.

• Did the owner or possessor cause some degree of damage or inconsistency in the property, which that made it unsafe and possibly grounds for premise liability?
• Did the owner or possessor know of some damage or inconsistency in the property that he could reasonably have repaired, but did not?
• Was there some damage or inconsistency in the property that a diligent owner or possessor should reasonably be expected to have discovered and repaired?

Common sense on the part of a lawyer, a judge, or a jury can usually result in an accurate determination in a premise liability case based on the answers. 

What Causes a Slip and Fall Accident?
A slip and fall accident can be caused by a wide variety of factors.  It can be as simple as the victim being distracted, or it can be as complex as an owner or possessor waxing a floor unevenly and failing to use a non-skid wax.  Poor lighting, cracked sidewalks, worn steps, wet floors, missing handrails, and much more can all be causes of a slip and fall accident.  It takes much more than a momentary spill to provide adequate grounds for your slip and fall attorney to charge premise liability.  If an owner or possessor regularly maintains their property in a reasonable manner and something accidentally spills or breaks, causing a slip and fall accident, it may not be grounds for your legal counsel to charge premise liability.  Reasonable caution and attentiveness should be expected from a visitor, as well.

Finally, a visitor must have been traversing the property of the owner or possessor with permission and in a reasonable manner.  They should not have been “fooling around” in a careless way or inattentive so that a reasonable hindrance or inconsistency should have been noticed.  If a trespasser experiences a slip and fall accident, they do not have grounds for a premise liability lawsuit.  The responsibility resides with the victim of the slip and fall accident because they were in the wrong place at the wrong time without permission.  No premise liability lawsuit is warranted.

How to Pursue a Premise Liability Case
Once all other factors have been considered, if you still believe that the owner or possessor of the property on which you had a slip and fall accident should be charged with premise liability, you should call a lawyer.  There are many things to consider and many specific steps to take to pursue a premise liability case effectively.  Some individuals can do that if they have some legal background, but most are ill equipped to handle this type of premise liability claim without the aid of legal counsel.

Any slip and fall accident or premise liability suit must be filed within the statute of limitations in your state.  It varies, from one year to up to six years; but if you and your attorney attempt to pursue a settlement or go to court after that date, your premise liability claim will be dropped.

Be prepared for your atttorney to attempt to negotiate a settlement in your premise liability lawsuit.  The majority of premise liability lawsuits are settled out of court.  It is less expensive and time consuming, and can be negotiated with less rancor by your lawyer.  Often more than medical bills are involved in serious premise liability cases.  They can also include lost wages, rehabilitation costs, possibly home care expenses, and much more.  

If all else fails, your slip and fall attorney can plead your premise liability case in court.  Again, the expense and time involved in this type of civil suit can be extensive.   It’s often best for you to attempt to avoid going to court over a slip and fall accident, but if that is your only alternative, be sure you supply your legal team with all the evidence you can.  You should write notes detailing what happened as quickly as possible.  Pictures of the damage that caused the slip and fall accident can be invaluable.  Your lawyer should produce witnesses who saw the accident or can testify that they warned the owner or possessor of the spill or damage.  Your lawyer can also call expert witnesses who can explain why or how the owner or possessor did not practice reasonable maintenance to prevent such a slip and fall accident. 

Slip and Fall Accidents on Government Property
There are special conditions, which apply to slip and fall accidents that occur on public or government property.  In some cases, they have immunity; information you can get from your slip and fall attorney.  In others, there are additional legal restrictions on charging a government entity with premise liability, even with a slip and fall attorney.  These laws and restrictions vary by state or by type of government property, so be sure to have your slip and fall attorney check your state laws for the pertinent statutes.