Slip & Fall
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A Slip or Trip & Fall case occurs when a person slips on a substance which is too slippery to be safe. The expression “Slip & Fall” is also used when a person is injured because they tripped over an item and fell, causing an injury. These cases are much like premises liability cases, because the landowner is held liable—legally responsible—for the injuries of others. In all cases, it is important to know what caused the person to slip.
For example, a person may slip when he stepped on a cherry tomato in the produce aisle of a grocery store. Another person may slip on spilled oil at a gas station. Sometimes, a person’s own shoes may be the cause on a rainy day or when walking on linoleum flooring or ceramic tiles. Whatever the cause, a law firm sometimes needs to hire a “coefficient expert,” an engineer who can measure and explain how “slippery” the substance was which caused the Slip & Fall accident.
To bring suit in a Slip & Fall case, one must show that the landowners had “notice” of the cause of the accident. A homeowner or shopkeeper is liable for injuries resulting from a defective or dangerous condition only if he had “notice.” By the expression “notice,” we mean that the homeowner or shopkeeper was aware of a dangerous or defective condition and had sufficient time to make the necessary repair.
A shopkeeper is not necessarily liable for an accidental spill immediately after it is spilled. Liability—legal responsibility—occurs only after the shopkeeper or employee is made aware of the condition and has had sufficient time to remedy the condition. The same is true for an object which could cause someone to trip, such as a coat hanger or box lying on the floor in a department store.
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An invitee is a person who is visiting for a commercial purpose, i.e., a sales person making a sales call or a customer visiting a shop or grocery store.
A licensee is a person who is on the land for a social purpose, such as a dinner guest or attending a party.
A trespasser is a person who is on the land without permission, such as a person taking a “shortcut” across another person’s yard. Common law requires a landowner to inspect the property and warn an invitee of any known dangers.
For a licensee, the landowner need not inspect his property, but nevertheless has a duty to warn the social guest of any dangers known to the landowner. At common law, a landowner has no duty to warn a trespasser, the person who does not have permission to enter the property.
If you have been injured by a slip or trip & fall accident, please contact one of our experienced Slip & Fall Attorneys for a free evaluation of your claim. Remember that most cases have a limited amount of time for the plaintiff to file, so call today.
Mashney Law Offices is ready to help you. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION.
