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Slip, Trip, and Fall Accidents: Do You Have a Case?

06/28/2021
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Most Slip, Trip, and Fall Accidents Can Be Avoided

Most slip, trip, and fall accidents are avoidable. These types of accidents are very common and costly, and are among the most common types of premise liability injuries, and can be prevented with a reasonable commitment, and have the added advantage of keeping your premises looking sharp.

If you or a loved one has been injured, seriously injured, or even killed in a slip, trip, and fall accident in Florida, immediately contact an experienced Florida injury attorney at Searcy Denney for your free consultation.

The Most Common Types of Slip, Trip, and Fall Accidents

Wet and Uneven Walking Surfaces

Wet and uneven surfaces are likely the most common cause of slip and fall accidents. The following associated instances can be very hazardous:

  • Parking lot potholes
  • Defective sidewalks
  • Loose floorboards
  • Loose mats
  • Worn out carpeting
  • Poorly constructed staircases
  • Cluttered Floors
  • Moisture collection
  • Freshly waxed or mopped surfaces

Inadequate Training

Inadequate training is a common cause of many slips and fall accidents in the construction industry. All employees and management must undergo proper training to avoid slipping and falling while on duty. Proper training is a critical element in this particular cause. Therefore, everyone in the construction sites must be adequately trained on how to walk at the sites and also how to use various tools and equipment. 

Weather

Weather is a natural occurrence that is impossible to control, but property owners still owe a duty to shovel the sidewalks, plow the streets, and salt walkways during inclement weather.

Damaged Handrails

Handrails are fixed to posts or walls to support people as they walk on pavements or staircases. Many slip and fall cases have been caused by broken or lacking handrails. Handrails, even in the bathroom, are very important. If you slip and fall on private premises due to broken or missing handrails, you deserve to be compensated.

Footwear

Among the top causes of slips, trips, and falls, is improper footwear. Footwear to prevent slips, trips, and falls is not only meant for women who wear high heels but also for those who wear work boots and sneakers. All are at risk. If the footwear does not provide adequate traction, workers and visitors will be prone to slipping, tripping, and falling.

Cords and Electrical Wires

Another common cause of slip and fall accidents is undressed electrical cords and wires, which can hook onto the shoes or cause slipping and falling. Simply tripping is also a major concern.

Elder Care Facility Neglect

It is unfortunate that personal injuries are common in elderly care facilities, but people who are admitted are vulnerable easy targets, and most are left on their own. Aging and sickly people have a reduced sense of balance, leaving them at an increased risk of slipping, tripping, and falling. Such accidents can be life-threatening and even make their current situation worse. 

Poor Lighting

Poor lighting systems in buildings or along pavements are among the most common causes of slip, trip, and fall accidents. Proper lighting will improve vision for those walking at night. Employers need to pay attention to the illumination of walkways, sidewalks, and staircases and be sure lighting systems remain in good working order. Failure to install improper lighting makes it difficult for one to navigate safely from one point to another. The board of Occupational Safety and Health Administration requires every workplace and other public properties to be well-lit.

Determining Whether You Have a Valid Slip, Trp, and Fall Claim

To successfully establish a slip, trip, and fall premises liability claim in Florida, you must prove the following four elements:

  1. The property owner or manager owed you a duty of care,
  2. The property owner or manager breached the duty of care owed to you,
  3. This breach caused you to suffer injuries, and
  4.  You did indeed suffer injuries.

Duty of Care

The duty of care is the most complicated element to establish because the proper duty of care depends on the reason the person was on the property. People who enter another’s property are generally classified as invitees, licensees, or trespassers for the purpose of determining the duty of care owed to them.

  • Invitees. Invitees are people who enter onto another’s property for some legitimate business reason; e.g., customers. 
  • Licensees. Licensees are people who enter another’s property with permission for a social purpose. Licensees are typically house guests or social guests, who are on the premises to attend events like parties or social gatherings.
  • Trespassers. Trespassers, on the other hand, are those who enter another’s property without permission. Because they lack permission to be on the premises, trespassers are owed the lowest duty of care, requiring property owners and/or managers to merely exercise reasonable care so as to prevent reckless or intentional injury to trespassers when they are on the property.

Breach of Duty

Breach of duty simply means that the property owner and/or manager breached (i.e., didn’t perform) the appropriate duty of care.

Causation

Showing that the breach of duty actually caused your injuries; e.g., slipping on spilled oil caused you to fall and break your hand, is again fairly simple to understand but can be difficult to prove.

Damages

Finally, you must establish that you suffered financial loss as a result of your injury; e.g., lost wages, medical bills, etc.

Let a Florida Injury Attorney Help You With Your Slip, Trip, and Fall

Slip, trip, and fall injuries are the most common type of injury you can suffer while on someone else’s property; i.e. premise liability. A Florida injury attorney at Searcy Denney has experience with these types of injuries and knows the laws in Florida. Contact us to schedule your free consultation. We work on a contingency fee basis.

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