Slip and Fall Settlement Loans

What Is A Slip and Fall Lawsuit?

“Slip and fall” refers to the personal injury claim for individuals who slipped or tripped on the property of another individual or company, which led to their injury. It is typically filed under the broader category of cases known as premises liability. Damages can be awarded to the plaintiff if the property owner or manager is found to have breached their duty of reasonable care.

A slip-and-fall accident can happen due to different conditions. Slipping on ice and snow, for instance, can occur on sidewalks in front of homes and buildings. People can trip and fall indoors, such as on the rotting stairs of an apartment which the landlord noticed but failed to repair. Other hazards include wet floor, poor lighting, narrow stairs, and changes in the flooring.

A complaint can also arise even without the injured person actually falling. Say, someone tripped and twisted their ankle.

Negligence Claim

This case type relies on the claim of negligence on the side of the defendant. The plaintiff must prove that the property owner failed to practice due diligence in the care and maintenance o the land or premises. As such, it caused serious harm, injury, or death to others.

Still, the filing party may also be held partially accountable for the slip and fall and the resulting injury.

Most states practice the doctrine of comparative fault: pure and modified. Both acknowledge when the plaintiff is also responsible for their accident. But pure comparative negligence does not bar recovery even if you are found 99% at fault. Modified comparative negligence will award damages only if you’re 49% or less to blame for your injury. 

Meanwhile, only five states observe contributory negligence, which refuses to grant compensation to the plaintiff as long as they share the blame or liability for their accident.

If the liability falls under the property owner or manager, you have to distinguish their type when you need to file a slip-and-fall lawsuit.

Commercial Property

The statutory responsibility of property owners or managers toward injured parties involves ensuring the land or premises are safe for use or residence.

Here are the things you must show to claim commercial liability for a slip-and-fall injury:

• The spill, worn or torn spot, or another dangerous condition was caused by the property owner, managers, or employees.
• The property owner or occupier knew about the dangerous condition but did not take necessary steps to improve, fix, or warn customers about it.
• The property owner or occupier should have known about the dangerous condition because a reasonable owner or occupier taking care of the property would have discovered, removed, or fixed it.

Residential Property

When it comes to rental properties, landlords can be held responsible for the slip-and-fall injuries sustained by tenants or third parties. The latter must show that the landlord was negligent through the following conditions:

• The landlord had control over the condition that led to the accident.
• The repair would not have been expensive or difficult.
• The slip and fall was foreseeable, but the landlord ignored or did not fix the condition.
• The landlord’s inaction resulted in the tenant’s slip-and-fall injury.

Government Property

You might recover your losses if you were injured on a property owned by the government at the local, state, or federal level. However, you may encounter obstacles such as stringent notice requirements and broad immunity provisions in proving the government’s liability for your injury.