Understanding Premises Liability: Slips, Trips, and Falls

What Constitutes a Slip and Fall?

Whenever you enter someone else’s property, whether it’s a personal residence or a commercial establishment, you rely on the property owner to ensure that the area is safe and free from hazards. Unfortunately, accidents do happen, and slips, trips, and falls are common incidents that can result in significant injuries. In many cases, the property owner may be held legally responsible for the injuries sustained by visitors and guests due to hazardous conditions on their premises.

A slip and fall accident occurs when an individual is injured after falling on someone else’s property because of a dangerous condition. To hold a property owner legally liable for such an incident, certain conditions must be met. Specifically, the owner or their employee must have:

• Caused the hazardous condition: This could be a spill, a slippery or dangerous surface, or an item underfoot.
• Known of the dangerous condition but failed to correct it: This implies negligence in addressing a known hazard.
• Should have known about the hazardous condition: A “reasonable” person would have discovered the problem and taken steps to fix it.

Common Causes of Slips and Trips

Slips occur when there is insufficient friction or traction between a person’s shoes and the walking surface. Common causes of slips include:

• Wet or oily floors
• Occasional spills
• Weather hazards (like ice or rain)
• Loose or unanchored rugs or mats
• Flooring materials that vary in traction

Trips happen when a person’s foot hits an object, causing a loss of balance and resulting in a fall. Common causes of trips include:

• Obstructed views
• Poor lighting
• Cluttered walkways
• Wrinkled carpeting
• Uncovered cables
• Open drawers
• Uneven walking surfaces

Preventing Slips, Trips, and Falls

Preventing these types of accidents involves good housekeeping, maintaining quality walking surfaces, selecting appropriate footwear, and being vigilant for potential hazards. Here are some practical steps property owners can take:

• Clean spills immediately: Promptly address any wet areas to prevent accidents.
• Mark spills and wet areas with signs: Clear signage can alert visitors to potential dangers.
• Sweep and mop debris from the floor: Regular cleaning helps keep walkways clear.
• Remove obstacles from walkways: Keeping pathways free of clutter reduces tripping hazards.
• Secure mats, rugs, and carpets: Ensuring that these items lie flat and do not migrate can prevent trips.
• Cover cables that cross walkways: Cables should be properly covered to avoid tripping incidents.
• Ensure adequate lighting: Good lighting helps people see potential hazards.
• Replace used light bulbs and fix faulty switches: Timely maintenance can prevent accidents.

Fall Statistics You Should Know

Understanding the prevalence and impact of falls can highlight the importance of taking preventative measures:

• Falls account for over 8 million emergency room visits annually.
• They are a leading cause of missed workdays.
• Slips and falls are the primary cause of workers’ compensation claims, particularly for employees aged 55 and older.
• Flooring materials are directly related to over 2 million fall injuries each year.
• Half of all accidental deaths at home result from falls.
• Most home injuries occur at ground level.
• Hip fractures are the most severe injury from falls, leading to significant health issues and deaths.
• In the U.S., people over 65 experience at least one fall per year, with half of these being repeat falls.
• Fall incidences increase with age, particularly for individuals over 75.
• Falls contribute to 87% of all fractures among those over 65 and are the second leading cause of spinal cord and brain injuries.
• Slick floors account for 85% of workers’ compensation claims.

Steps to Take if You Fall

If you experience a fall, it’s crucial to take the following steps to protect your health and legal rights:

1. Report the fall: Notify someone in charge immediately.
2. Call an ambulance: Seek medical help if necessary.
3. Complete an incident report: Document the details of the incident.
4. Avoid making statements: Do not discuss fault or liability at the scene.
5. Take photos: Capture images of the hazard that caused your fall.
6. Seek medical attention: Get a thorough medical evaluation as soon as possible.
7. Obtain a copy of the incident report: Keep this for your records.
8. Contact an attorney: Seek legal advice to understand your rights and potential compensation.

Falls can result in severe injuries and long-term health issues. It’s essential to understand your rights and take appropriate steps to ensure your safety and well-being.

Kansas City Slip and Fall Injury Trial Lawyers

Slip and fall accidents can have devastating consequences, impacting your health, livelihood, and overall well-being. The Kansas City Slip and Fall Injury Trial Lawyers at Kendall Law Group LLC are dedicated to helping you navigate the legal complexities that arise from such incidents. If you have been seriously injured in a slip and fall accident, we are here to help you put your life back together. Contact us at (816) 531-3100 for a free consultation.