trip and fall case law

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How to Sue for Trip and Fall Injury

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What Is a Trip and Fall Injury?

Trip-and-fall lawsuits are associated with a trip and a subsequent fall to the ground, which differs slightly from a slip and fall, or a step and fall . This will be further discussed below. A trip occurs when the plaintiff is walking, and their toe catches on an object unexpectedly and unreasonably protruding from the ground. A trip may also occur when the ground has an unexpected pit or pothole.

An example of this would be how plaintiffs can trip over an illegal curb-cut made by a property owner, in order to create a driveway. The curb-cut may violate city codes and ordinances by being:

In an unusual place; and/or
Not flush with the adjacent street.

The inevitable result of this is a trip-and-fall incident.

A trip and fall accident happens when a foreign object, such as a broom, is in the walking area. A trip and fall may also happen when there is an uneven walking surface, or a change in a walking surface, such as a sidewalk. These accidents can also occur if there is a lack of sufficient lighting in an area.

Depending on the circumstances of each accident, a lawsuit may result. An example of this would be how if the person responsible for keeping the area clear fails to do so, they may be held liable under a premises liability theory .

As previously mentioned, a trip and fall accident differs slightly from a slip and fall accident. An accident in which a person slips and is injured due to a slippery floor or object is known as a “slip and fall” incident . Some common places for an indoor slip and fall accident to occur are:

Staircases or ramps;
Elevators; and
Floors in places in which liquids or grease may be present, such as a restaurant or grocery store.

Step and fall accidents can cause a variety of injuries, from lesions to twisted ankles or knees from stepping awkwardly on the object. Similarly, a “stump and fall” accident occurs when there is a crack in a walking surface or some sort of object. The individual stumbles over the object or defect prior to falling.

Who Is Responsible for Trip and Fall Injuries?

How can i bring a trip and fall lawsuit, what kind of damages can a trip and fall incur, do i need a lawyer for my trip and fall.

Who can be held responsible for trip and fall injuries depends on where the accident occurred. Municipalities are generally responsible for maintaining sidewalks and streets in a reasonably safe condition.

A pedestrian may trip over rebar, or a metal stake that is protruding dangerously out of the sidewalk. If the rest of the sidewalk is in reasonable condition, the pedestrian will likely believe that there is no protruding rebar to be aware of. As the pedestrian may be reasonable in this belief, and thus does not need to constantly scan the ground for dangers, the municipality may be held liable for resulting trip and fall injuries.

Another example would be how a person who is descending into an underground garage may suddenly trip on an unexpected hazard where:

Lighting is too dim;
The descent is too steep to be considered safe;
An intermediate landing is lacking or missing; and
Handrails are lacking or missing.

Because there are certain safety standards that must be met, the garage’s builder or owner may be held liable for resulting trip and fall injuries.

An example of when store owners may be held liable would be when a rollerblader trips while riding a ramp that is in violation of building codes, or if an employee trips on stairs that are in violation of building codes.

Trip and fall claims are a specific type of personal injury lawsuits, and as such are based on the concept of negligence . This legal theory asserts that the person or organization responsible for the injury was careless, and failed to take the proper actions which would have prevented the injury. The theory of negligence will be further discussed later on.

If a person is injured because of a trip and fall incident, they may be able to sue the property owner. In order to do so, they must show some type of legal relationship with the person who is legally in charge of the property. Additionally, they may be required to prove that the person in charge had a legal duty to protect or warn against dangers. As previously mentioned, other parties may be held liable for the trip and fall incident, such as a municipality.

Property owners are required to provide reasonable care and maintenance of their property, in order to ensure that it is safe from dangerous conditions. What specifically that duty entails may change depending on how another person enters the property. This is referred to as premises liability , as previously discussed.

The laws associated with people entering a property, and how they are categorized, may vary by state. As such, it is important for a property owner to review the local laws in their state in order to determine their role and how to adhere to state laws.

Additionally, a property owner is required to inspect the property, and adequately repair any unsafe conditions or provide a warning for the unsafe condition. Failure to do so could result in the property owner being held liable for injuries resulting from a dangerous condition on their property, even if they were not aware the condition existed.

In order for a person to bring a claim for injuries suffered from slipping or tripping on another’s property, they must prove at least one of the following:

The owner of the premises, or their employee, caused the premises to be unsafe;
The owner of the premises, or their employee, knew of the unsafe condition and failed to take measures to remedy the condition; or
The owner of the premises, or their employee, should have been aware of the unsafe condition on the premises.

A property owner is considered to be negligent if they do not exercise reasonable care in keeping their premises in a safe condition. It is important that the plaintiff demonstrates that they were not careless in failing to avoid the injury. If the plaintiff somehow contributed to their own injury, their damages may be reduced pursuant to contributory negligence laws or other legal restrictions.

An example of this would be if a person observes a dangerous area of a property that is blocked off with a fence and a sign indicating danger. If they enter that area voluntarily, it could affect their damages award if they sustain an injury.

If the property owner is found to be negligent, or breached their duty of care in preventing an accident or injury from occurring on their property, the plaintiff may be awarded damages. These damages generally include:

Pain and suffering;
Future and present medical bills;
Lost income or loss of earning capacity; and/or
Punitive or treble damages.

Punitive damages can be available in some types of personal injury claims. These are damages that are intended to punish offenders, and to discourage them from committing the same type of offense. They are mostly awarded in particularly egregious cases in which the defendant acted intentionally, or in a way that greatly disregarded the plaintiff’s safety. The property owner may also be ordered to repair or fix the dangerous condition that led to the injury.

In order to avoid the court system, the property owner and the injured party may come to a trip and fall settlement. This would be an amount of money exchanged for the forfeiture of the right to sue in court.

There are many benefits to hiring a lawyer for trip and fall lawsuits. As these lawsuits can involve many different parties and legal theories, you should consult with an experienced local slip and fall lawyer .

An attorney will inform you of your legal rights and obligations under your state’s laws regarding your trip and fall case. Finally, an attorney will be able to initiate a lawsuit on your behalf, and will also be able to represent you in court, as needed.

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Travis Peeler

LegalMatch Legal Writer

Original Author

Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Read More

Jose Rivera

Managing Editor

When Property Owners are Liable for a Slip and Fall Injuries
Winning a Slip and Fall Case
What to Do Immediately After a Slip and Fall Injury
What Should Property Owners Do after a Slip and Fall Injury?
What is a "Slip and Fall" Injury?
Slip and Fall Injuries on Government Property
Should you Hire an Attorney after your Slip and Fall Injury
Defenses against Liability for Slip and Fall Injuries
Damages Available in Slip and Fall Cases
Liability For Falls Due To Improper Lighting Of Stairways
City Liability For Snow Or Ice On A Sidewalk
Defective Sidewalk Conditions
Damages for Slip and Fall Claims Lawyers
Defenses to Slip and Fall Claims
Injuries from Ice or Snow on Residential Properties
Slip and Fall Accident Lawyers
Slippery When Wet Sign Claim
Icy Sidewalk Lawyers
Step and Fall vs. Slip and Fall Lawsuit
Effects of Comparative Negligence on Slip and Fall Cases
Ultimate Guide to Slip and Fall Lawsuits
Trip and Fall Hazards
Slip, Trip, and Fall Disputes
Indoor vs. Outdoor Slip and Fall Claims
Slip and Fall Settlement Amounts
Trip-and-Fall Lawsuits: Who Can Sue
Trip-and-Fall Lawsuits: Damages

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Establishing Negligence in Trip and Fall Cases: A Legal Guide

Frank Cassisi
November 15, 2023
Trip and Fall Lawsuits

How to Establish Negligence in a Trip and Fall Case

If you have experienced a trip and fall incident, you may be wondering how to establish negligence and prove liability. Negligence is a legal concept that refers to the failure to take reasonable care or provide adequate protection to prevent harm to others. In trip and fall cases, negligence can be established if it can be shown that the property owner or responsible party failed to take reasonable care to prevent the hazardous condition that caused the accident.

Establishing negligence can be a complex legal process involving the examination of various factors. In this article, we will guide you through the key elements of negligence, different types of negligence, and relevant laws to help you understand how to establish liability in a trip and fall case.

Wire-Cord-Trip-Over-And-Fall.-Feet-Stumble-On-Cable

Key Takeaways:

Negligence is the failure to take reasonable care or provide adequate protection to prevent harm to others.
In trip and fall cases, negligence can be established if it can be shown that the property owner or responsible party failed to take reasonable care to prevent the hazardous condition that caused the accident.
Establishing negligence in trip and fall cases can be a complex legal process.
Understanding the key elements of negligence, different types of negligence, and relevant laws can help you establish liability and pursue your rights.
It is essential to seek professional assistance from experienced lawyers to navigate the legal landscape and get the legal advice you need.

Understanding Negligence: Definition and Elements

In legal terms, negligence refers to a failure to act with reasonable care, resulting in harm to another person. To establish negligence in a trip and fall case, several elements must be present. These include:

Duty of care: The property owner or occupier had a duty to ensure that the premises were reasonably safe for visitors.
Breach of duty: The property owner or occupier breached their duty by failing to take reasonable steps to prevent the dangerous condition from causing harm.
Causation: The breach of duty was the direct cause of the dangerous condition that caused the trip and fall accident.
Damages: The victim suffered physical, emotional, or financial harm as a result of the trip and fall accident.

Establishing these elements is crucial to proving negligence in a trip and fall case. Failure to meet any of these elements can result in a case being dismissed.

It is important to note that negligence can also be classified as legal negligence. Legal negligence refers to the failure of a lawyer to provide reasonable care and skill in handling a legal matter, resulting in harm to the client.

Types of Negligence in Trip and Fall Cases

When it comes to trip and fall cases, there are different types of negligence that can be relevant, including gross negligence and contributory negligence.

Gross Negligence

Gross negligence refers to a complete disregard for the safety of others. It is a severe form of negligence that involves an extreme departure from the standard of care that a reasonable person would exercise in similar circumstances. This type of negligence is often seen in cases where the defendant knew of a dangerous condition but failed to take corrective action to fix it, leading to an injury.

For example, if a grocery store owner knew of a slippery floor in the produce section but did not put up a warning sign or clean up the spill, and a customer slipped and fell, this would be an example of gross negligence.

Comparative Negligence

Comparative negligence refers to a situation where the plaintiff’s own negligence contributed to their injury. In states that still follow the comparative negligence doctrine, if the plaintiff is found to be partially at fault for their injury, they can still recover for the portion of their injuries caused by the other party.

Understanding-Legal-Rights-After-a-Car-Accident

Negligence Laws and Your Rights in New York

Understanding negligence laws in New York are important in seeking legal recourse. In trip and fall cases, negligence laws require the injured party (plaintiff) to prove that the property owner (defendant) breached their legal duty of care to maintain their premises, resulting in the plaintiff’s injuries. Negligence laws generally require the plaintiff to show the following elements:

The defendant had a duty of care to maintain safe premises
The defendant breached their duty of care by failing to act reasonably in preventing the dangerous condition that led to the plaintiff’s injury
The plaintiff’s injury was a direct result of the defendant’s breach of duty
The plaintiff suffered damages as a result of their injury

It’s important to note that negligence laws also consider the plaintiff’s actions leading up to the accident. If the plaintiff’s behavior contributed in any way to the accident, they may be found partially at fault, and their compensation may be reduced or eliminated entirely.

Negligence Case Example

Consulting with an experienced personal injury lawyer can be essential in understanding negligence laws specific to your state and building a strong case against a property owner who has breached their duty of care.

If you have been a victim of a trip and fall incident due to someone else’s negligence, you have legal options to seek compensation for your damages, including medical bills, lost wages, and pain and suffering.

Contact Law Office of Frank J. Cassisi, P.C. if You’ve Been Injured in a Trip and Fall Accident

When it comes to legal matters, it is crucial to seek professional assistance from experienced lawyers. At Law Office of Frank J. Cassisi, P.C., we have the experience and track record to handle complex negligence cases. Contact us at (516) 294 5050 to discuss your case and get the legal advice you need.

Remember that you have the right to pursue legal action and seek compensation if you have been a victim of negligence. By working with us, you can rest assured that you have a team of skilled legal professionals on your side, fighting for your rights and best interests. Don’t wait, contact us today to schedule a consultation.

How is negligence defined in a trip and fall case?

Negligence in a trip and fall case refers to the failure of an individual or entity to exercise reasonable care, resulting in an unsafe condition that causes someone to trip and fall. It is the legal basis for holding parties responsible for injuries sustained in such incidents.

What are the elements of negligence that need to be proven?

To establish negligence, four elements must be proven: duty of care, breach of duty, causation, and damages. Duty of care refers to the legal obligation to act in a manner that avoids causing harm to others. Breach of duty occurs when the duty of care is not upheld. Causation means that the breach of duty directly caused the injuries, and damages refer to the harm suffered as a result of the trip and fall incident.

What are the different types of negligence that can apply in trip and fall cases?

There are two main types of negligence that can be relevant in trip and fall cases. Gross negligence refers to a high degree of negligence, where the responsible party displays a complete disregard for the safety of others. Contributory negligence, on the other hand, involves the victim’s own negligence contributing to the incident. Understanding these types of negligence is essential in determining liability.

What are the negligence laws that protect my rights in the United States?

The specific negligence laws pertaining to trip and fall cases vary by state in the United States. However, generally, negligence laws aim to ensure that individuals and entities are held responsible for any injuries caused due to their negligence. These laws provide victims with legal recourse to seek compensation for their damages, medical expenses, pain and suffering, and other losses resulting from the trip and fall incident.

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What You Should Know About Winning a Slip or Trip and Fall Lawsuit

Slip and Fall Lawsuit - Florida Injury Lawyers

Slip, trip, and fall accidents are more common than you might imagine, happening in stores, restaurants, and even on city sidewalks. In most cases, these accidents are not the fault of the victim, because the law requires buildings, businesses, walkways, and parking lots to be maintained for safety.

However, it can be difficult to prove who was at fault in a slip and fall accident . While you may be able to hold a property owner responsible for damages you incurred on their property, proving a slip and fall case can be challenging.

Here is everything you need to know to have a chance at getting compensation for your fall.

Slip, Trip, and Fall Accident Injuries

“Slip and falls” and “trip and falls” commonly cause injuries like:

Head injuries
Back injuries
Hip fractures
Leg or ankle fractures
Broken arms, wrists, or fingers

A slip and fall accident is caused when an individual slips and falls on a slippery floor. The slippery floor may be caused by ice, water, excess moisture, or another slippery condition.

A trip and fall accident is caused when there is a defect in the floor such as an unrepaired hole, a protruding board or wire, or uneven flooring or sidewalk.

Both accidents can cause serious injuries, permanent disability, and even death.

Steps to Take if You Were Injured in a Slip or Trip and Fall

If you have been injured in a slip, trip, and fall accident , you will want to take these steps to ensure you get the help and compensation you deserve.

Get medical care. In addition to getting the care and treatment you need, your physician can document your injuries.
Report your slip, trip, and fall accident immediately to the manager, owner, or landlord, who should document the accident in a written report and provide you with a copy.
Collect and document crucial information like the names and contact information of potential witnesses. Take pictures of the location, write out your account of the accident, and keep the shoes and clothes you were wearing at the time in a safe location.
Limit communication to the business manager or owner, refrain from posting details on social media, and speak to your lawyer before giving a statement to the involved insurance company.
Call an experienced lawyer . Victims of slip, trip, and fall accidents often do not realize how complex their incident may become, so you should call on an experienced slip, trip, and fall lawyer to guide you in getting the compensation you deserve.

Determining the Property Owner’s Fault

Whether you are injured at work, while vacationing during spring break at a hotel in Florida, taking a walk outside, or eating at your favorite restaurant, there is no denying the severity of injuries that ensue from slip, trip, and fall injuries. In fact, these are some of the most common types of accidents that result in personal injury.

Many things can cause slips and falls, and it can be hard to tell who is at fault. However, many slip and fall legal cases involve the idea of negligence. If a property owner failed to provide a reasonably safe environment, they may be seen as negligent in the eyes of the law.

The issue of liability in slips and falls occurs when an individual is harmed by negligence through security, malfunctioning elevators, or even contaminated food.

Many cases are won by proving a property owner was aware of a dangerous condition, such as torn carpeting or unmarked wet floors, that may have contributed to a slip and fall.

Target vs Kaufer Slip and Fall Case

One example is the Target vs Kaufer Slip and Fall Case.

Lazaro Kaufer was shopping at Target when he slipped on some liquid laundry detergent and faced costly medical bills. The testimony at trial showed that an unidentified individual was walking in front of Mr. Kaufer and carrying a bottle of leaking laundry detergent, which Mr. Kaufer slipped on.

Mr. Kaufer and his wife, Katia sued Target for negligence. The jury found Target partially liable for Mr. Kaufer’s fall and awarded him $250,000 in damages and his wife $30,000 for loss of consortium.

However, Target appealed the final judgment, and the eventual conclusion was that Target’s alleged negligent mode of operation (bright stores with high-gloss floors) did not cause the unknown patron to spill the detergent that led to Mr. Kaufer’s slip.

What Needs to Be Proven in a Slip, Trip, and Fall Case?

An individual cannot automatically sue just because they slipped and fell on someone else’s property. For a valid slip and fall case, they must prove:

Liability (the defendant’s duty): The defendant owned or operated the premises.
Negligence (notice): The defendant was aware or should have been aware of the condition that may have harmed the public.
Dangerous condition: The harmful condition was not considered a “minor” issue.
Damages: The plaintiff sustained injuries because of a dangerous condition.

Guests to a property are expected to show a reasonable amount of caution when moving through space, and reckless and careless behavior on the victim’s part can ruin the grounds for a case.

Collecting Proper Evidence

To win a slip and fall case, lawyers provide evidence that helps clearly establish negligent behavior exhibited by the property owner. This evidence can take many forms:

A victim must show evidence from a doctor that they sustained injuries from their slip and fall incident.
Pictures or surveillance videos from the crime scene can be used as evidence of a dangerous condition present at the location.
Witness testimonies can help eliminate the possibility of negligent or careless behavior on the part of the victim and back up the victim’s claims about the existence of the dangerous condition and the property owner’s awareness of it.

Common Slip, Trip, or Fall Questions

Can i sue the city if i fall due to a cracked sidewalk.

Yes. Improperly maintained sidewalks are a common cause of lawsuits against government entities in Florida. Cracked or heaving sidewalks can be a serious trip hazard and may result in significant injuries.

What Happens if I Slip, Fall, or Trip at a Store?

If your slip, trip, or fall was caused by the store’s negligence, you may have the right to recover compensation against the property owner. You must show that the hazardous condition at the store was not so obvious and open that you should have taken steps to avoid it.

What Is the Statute of Limitations for a Slip, Trip, or Fall Case?

Under Florida law, you have 4 years from the date of your accident to file a lawsuit for a slip and fall injury. If the accident resulted in a death, you have 2 years to file a wrongful death claim.

Winning a Slip, Trip, or Fall Case

The injuries and costs associated with these cases can be incredibly damaging. If you have been injured due to a dangerous condition on someone else’s property, you have a right to compensation for medical expenses, lost income, pain and suffering, and more.

Need help making your case? Contact Florida Slip and Fall attorneys at SteinLaw for a free consultation.

Brandon Stein

Chief Executive Officer

Brandon Stein is a Florida based trial attorney born in Queens, New York, and was raised in East Brunswick, New Jersey. Being the son of an accountant that owns a large firm in New Jersey, owning and operating a business is something that was engrained within Brandon Stein from a very young age... [READ BIO]

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An Honest Evaluation of a Slip and Fall Case

A florida slip and fall lawyer evaluates actual cases of trip and fall injuries, what is a slip and fall accident, common slip and fall injuries.

Broken bones
Traumatic brain injuries
Spinal cord injuries
Neck and back injuries
Soft tissue injuries , including bruises, sprains, and torn ligaments
Cuts, lacerations, and abrasions

What Causes Slip and Fall Accidents?

Wet floors without proper signage
Slippery surfaces
Uneven surface
Loose floorboards, mats, and rugs
Parking lot potholes
Debris on the floor
Loose electrical wiring
Missing or uneven steps

How an Attorney Begins to Determine the Value of a Slip and Fall Case

Does this event qualify as a trip and fall accident?
Did the accident cause the injuries to the plaintiff?
What is the extent and severity of the injuries?
Was the defendant wholly or partially responsible for the accident?
Was the defendant negligent?

The Marie Arnez-Marshalls Slip and Fall Case

Waiting to seek treatment after slip and fall injury, how expert witnesses affected the slip and fall case, the jury agrees with marshalls' experts on slip and fall case, over estimated value of a slip and fall case, accurately determining a slip and fall case's value, beware of settlement mill law firms, damages in a slip and fall accident case, how can a lawyer help with your slip and fall case, contact dolman law group for help with your slip and fall claim, matthew dolman, personal injury lawyer.

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone , AFFF , and Ozempic lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

Personal Injury
Mar 4, 2020

How to Prove Negligence in a Trip and Fall Case

An experienced trip and fall lawyer can help plaintiffs understand how to prove negligence in a trip and fall case. Proving negligence in a trip and fall requires that the plaintiff first show that the defendant owed the plaintiff a duty of care. Typically, the duty of care is to act as a reasonably prudent person under the circumstances. Next, the plaintiff must prove that the defendant failed to meet his or her duty of care and that the plaintiff suffered from an injury. Finally, to prevail on a trip and fall negligence claim, the plaintiff must show that the defendant’s breach caused the plaintiff’s trip and fall injury.

Trip and fall cases fall under the umbrella of premises liability cases. Victims must prove they suffered an injury due to a dangerous condition being present on a property. Victims must also prove property owners knew or should have known, of the dangerous condition, and negligently failed to repair or provide warning to potential victims. This knowledge, or notice element, can make it difficult for victims to win trip and fall cases. Victims need an experienced trip and fall lawyers who know how to efficiently investigate and litigate premise liability cases.

Table of Contents

Proving negligence in a trip and call case requires that the victim show:

Duty of Care. The defendant owed the victim a duty of care to act as a reasonably prudent person under the circumstances.
Breach. The defendant breached the duty of care.
Injury. The plaintiff suffered from an injury.
Causation. The defendant’s breach of duty caused the plaintiff’s injury.

To prove a breach of duty in a case of a slip and fall at a store , you would need to prove that the store workers did not meet their duty. You might argue that a reasonably prudent store worker would post “Wet Floor” signs near a wet spot on the floor. A slip and fall attorney may help you investigate and locate evidence you can use in your trip and fall negligence case.

Damages You May Receive After Proving Negligence in a Trip and Fall Case

Generally, there are three types of personal injury damages you may receive after successfully proving negligence in a trip and fall case. They fall under the categories of economic, non-economic, and punitive damages.

Economic damages compensate you for the financial burden of a trip and fall injury. Economic damages include payment for medical bills, lost wages, lost earning capacity, and other accident-related expenses.

Non-economic damages serve to provide you relief for the human cost of a trip and fall injury. They compensate you for the invisible harms you experienced, such as pain and suffering and loss of quality and enjoyment of life.

Finally, punitive damages are generally only appropriate where the defendant’s conduct was intentional, reckless, or egregious. Rarely awarded, punitive damages serve to punish the defendant in this case and deter future harm.

Evidence in a Trip and Fall Negligence Case

Illinois law requires a victim to prove their case by a preponderance of the evidence. Trip and fall cases are fact-dependent. If a victim is unable to prove how long the hazardous condition was present or that the owner had knowledge of the condition, the victim’s chances of winning are reduced. Eyewitness testimony is useful because witnesses can describe the dangerous condition and how long it was present. Photographs can demonstrate the obvious nature of the hazardous condition. Video footage can be strong evidence of how long the hazardous condition was present on the property. Maintenance records document how often the property owner performs maintenance.

A victim has a better chance to win an injury case if he or she obtains evidence of the property owner’s negligence. Trip and fall accidents occur in a variety of settings, such as private residences, commercial properties, private businesses, and public buildings. Some settings offer more evidence than others. Evidence typically includes eyewitness testimony, medical records, and photos of the scene. Some properties are equipped with video surveillance systems. Many commercial properties also have maintenance and custodial staff, which means they usually keep maintenance records. A trip and fall attorney can use this evidence to prove negligence.

How Can Evidence Help Defeat Legal Defenses?

A defense that property owners typically assert is a lack of knowledge or that they could not have discovered the condition during a routine inspection. Evidence of a property owner’s negligence can defeat these defenses. It is more difficult for property owners to argue a lack of knowledge if surveillance footage, photographs, eyewitness testimony, or maintenance records indicate that a dangerous condition was present for a long period of time. This evidence can also demonstrate the obvious nature of the dangerous condition and can defeat the defendant’s assertion that he or she could not have discovered the condition.

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Defenses in Slip and Fall Lawsuits

If you are considering bringing a claim after a slip and fall accident, you may want to be forewarned about some of the legal obstacles that you might encounter. Property owners who are in danger of being sued in a premises liability claim also should know that they may have arguments that they can raise to reduce or avoid liability. These cases are highly fact-intensive, so whether a certain defense applies in your case will depend on a careful investigation of the circumstances.

Comparative Negligence

This defense involves arguing that the plaintiff was partly or entirely at fault for causing the accident. Perhaps the hazard was “open and obvious,” or somewhat apparent, but the victim was distracted by something else, so they failed to notice it. Their distraction might result in a finding that they were at fault for the accident to a certain degree. The victim’s award then would be reduced by the percentage of fault associated with them. For example, a hotel might fail to maintain a stairway appropriately, while a guest might be talking on their phone while walking down the stairs. If they trip and fall on the section that was not maintained properly, both parties might bear some of the fault. If the victim was 30% at fault, they could receive compensation for 70% of their damages.

A defendant may reduce or prevent their liability by arguing that the plaintiff was comparatively or contributorily negligent .

Some states have modified the rule of comparative negligence, such that a victim can receive compensation only if they were less than 50 percent at fault or if they were 50 percent or less at fault. Being above the permitted threshold would prevent them from receiving any damages. Meanwhile, a few states adhere to the rule of contributory negligence, which prevents a victim from recovering any damages if they were at fault for the accident to any extent at all. You should investigate the comparative or contributory negligence rule in your state to determine the impact that it might have on your case.

Inadequate Notice

A defendant also may respond to a premises liability claim by arguing that they lacked sufficient knowledge of the hazard on the property. Essentially, this means that the plaintiff cannot meet a required element of the claim, which is actual or constructive notice. If it is unclear when the hazard arose, or if the plaintiff lacks evidence to show how long it existed, this defense can be effective. For example, if a customer slipped on spilled produce at a supermarket, the store might argue that the produce was not on the floor long enough before the accident for an employee to have noticed it. Photographs, video footage, and witness testimony play key roles in determining how long a hazard existed.

If the plaintiff does not provide a sufficient basis to support this element of the claim at the outset of the case, the defendant may be able to win on summary judgment or get the case dismissed for failing to state a claim. This means that the plaintiff would not be able to get their case to a jury.

Procedural Defenses

Perhaps the plaintiff identified the wrong party as the defendant. Suing the right defendant can be tricky, especially when the plaintiff is suing a government entity after an accident. Different entities may be responsible for maintaining different parts of the premises, and the overall property owner may not be the party in control of the area where the victim was injured. If the plaintiff sues the wrong defendant, they may be able to withdraw the complaint and refile against the appropriate defendant if the statute of limitations has not expired. In cases involving the government, however, the plaintiff may not have much time to refile the case because the notice period in these cases tends to be very short.

1 The plaintiff sued the wrong defendant
2 The complaint was filed after the statute of limitations or notice period expired

A premises liability case also may be dismissed if the plaintiff filed it outside the statute of limitations or a government notice period. These time restrictions are generally strictly interpreted by courts. The exceptions to statutes of limitations and notice requirements usually are narrow, so you should not assume that an exception applies to your situation without consulting an attorney about it.

Last reviewed October 2023

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Issues to consider when litigating a sidewalk case

You must deal with many issues in taking on a sidewalk fall case, but first up is beating the inevitable summary judgment motion.

Imagine you are sitting at your desk, and your (soon-to-be) client walks in with crutches and a banged up head. He tells you that, while he was running at night with his dog, he came across this house which had an old tree in the front, near the sidewalk. Because it was dark, he did not see the raised asphalt, which caused him to trip, fly in the air, and land head-first on the asphalt, causing a massive concussion and a broken hip. Since litigation is a chess game, and because you always have your ducks in a row, you start to think about how to proceed.

General rules on establishing liability

You should inspect the scene of the incident with your client immediately so that you can take measurements (take an expert with you) and take photographs of the defective or dangerous condition of the sidewalk. Make sure to take photos depicting the dimensions of the defect and, more importantly, the path your client took because most defects are not visible even to the most careful eyes.

If you are pursuing a claim against the adjoining homeowner, you would do so under the general theory of negligence and premises liability, as all property owners – landowners, landlords, store owners, or other businesses – have a duty to maintain their property in a safe condition, or alternatively, warn people of any dangers. “A landowner has an affirmative duty to exercise ordinary care to keep the premises in a reasonably safe condition, and therefore must inspect them or take other proper means to ascertain their condition. And if, by the exercise of reasonable care, he would have discovered the dangerous condition, he is liable.” ( Swanberg v. O’Mectin (1984) 157 Cal.App.3d 325, 330.) Keep in mind that your standard against the property owner would be measured by the lower “negligence standard” rather than the higher “dangerous condition” standard against a public entity.

In order to pursue a claim against a public entity under Gov. Code section 835, you must show: (1) that the property was owned or controlled by a public entity at the time of the incident; (2) the property was in a dangerous condition at the time of the injury; (3) the injury was proximately caused by the dangerous condition; (4) the dangerous condition created a reasonably foreseeable risk of injury; and (5) that there was a negligent or wrongful act or omission within the scope of employment of the public entity’s employee that created the dangerous condition or the public entity had actual or constructive notice of the dangerous condition. ( Moncur v. City of Los Angeles, Dept. of Airports (1977) 68 Cal.App.3d 118; Gov. Code §§ 830(a)-(c), 835.2.)

Also make sure you do not blow the six-month deadline on filing a government claim with the appropriate public entities. If the sidewalk is located in an un-incorporated part of the State, consider naming the County as potentially liable.

In general, a municipality is liable for injuries resulting from a dangerous or defective condition of the public streets where those having the authority to remedy it had notice or knowledge of the condition and failed to remedy it within a reasonable time. ( Barrett v. City of Claremont (1953) 41 Cal.2d 70, 72.) At the same time, a public entity is liable for a dangerous or defective condition created by a public employee’s negligent or wrongful act or omission under circumstances in which the employees’ involvement makes it fair to presume that the entity had notice of the dangerous condition. ( Brown v. Poway Unified School Dist. (1993) 4 Cal.4th 820, 836; Gov. Code §§ 830(a), 835.)

The rule of thumb, generally, is that a sidewalk offset that measures three-fourths of an inch or less, is not a dangerous condition, absent other contributing factors (e.g., shading or lighting or other obstruction that makes the offset difficult to see, or if the displacement is open and obvious). A determination of whether the defect involved is a minor or trivial one may be material in that minor defects inevitably occur, both in construction and maintenance, and that their continued existence is not unreasonable. (Gov. Code § 830.2.) In such case, irrespective of the question of notice of the condition, no liability may result. ( Graves v. Roman (1952) 113 Cal.App.2d 584.)

California courts consider multiple factors when determining if a defect is “trivial” versus a dangerous condition. ( Aitkenhead v. City and County of San Francisco (1957) 150 Cal.App.2d 49.) California Courts rarely find defects exceeding one inch to be trivial. Indeed, “when the size of the depression begins to stretch beyond one inch, the Courts have been reluctant to find that the defect is not dangerous as a matter of law.” ( Fielder v. City of Glendale (1977) 71 Cal.App.3d 719, 726; see also Rodriguez v. City of Los Angeles (1963) 215 Cal.App.2d 463 [question of whether existence of sidewalk in which one slab was from one-half inch to one inch higher than the adjoining slab created a dangerous or defective condition within meaning of Public Liability Act was properly submitted to jury].)

In determining whether the property is in a dangerous condition, the court may consider the seriousness of the condition, its visibility, the frequency with which the area is traveled, whether there is evidence any one else has been injured by the same condition, and the likelihood a reasonable inspection would have revealed the condition in time to take necessary precautions. ( Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 568-569.) However, a court may not determine that a defect is trivial and thus not a dangerous condition as a matter of law if competing and conflicting evidence of the size, nature, and quality of the defect or the circumstances surrounding the plaintiff’s injury raise triable factual issues as to whether the defect or condition of the property presented a danger to persons exercising ordinary care. ( Ibid .)

If reasonable minds could differ on the issue, the jury decides the issue. ( Id . at 570.) Where, a “danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning” and the property owner has no duty to warn of the condition. ( Krongos v. Pacific Gas & Electric Co. (1992) 7 Cal.App.4th 387, 393.)

Assuming the dangerous condition is not trivial, in many instances, the plaintiff may not be able to show actual notice of the dangerous condition and must rely upon the constructive notice imputed to the municipality by the passage of time. Government Code section 835.2(a) expressly provides: “A public entity had actual notice of a dangerous condition if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character.”

In Hook v. City of Sacramento (1931) 118 Cal.App. 547, the court found the city had actual notice of a sidewalk condition where a city employee performed sidewalk inspections in the location where the defect existed even though the defendant denied having seen or having notice of the hole. The Court specifically held, “Having made inspections each month, [defendant’s employee] must have seen the hole.” ( Id . at 553.)

Establishing constructive notice should not be that difficult as long as you can establish that city employees frequented the area and a sufficient amount of time had passed. Government Code section 835.2(b) expressly provides in pertinent part: “A public entity had constructive notice of a dangerous condition … only if the plaintiff establishes that the condition had existed for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character. On the issue of due care, admissible evidence includes but is not limited to evidence as follows:

(1) Whether the existence of the condition and its dangerous character would have been discovered by an inspection system that was reasonably adequate (considering the practicability and cost of inspection weighed against the likelihood and magnitude of the potential danger to which failure to inspect would give rise) to inform the public entity whether the property was safe for the use or uses for which the public entity used or intended others to use the public property and for uses that the public entity actually knew others were making of the public property or adjacent property.

(2) Whether the public entity maintained and operated such an inspection system with due care and did not discover the condition.

If the condition is brought about by natural wear and tear or by third persons, the defendant is not liable unless it either had actual or constructive knowledge of the condition or was able to discover it by the exercise of ordinary care. ( Bridgman v. Safeway Stores, Inc . (1960) 53 Cal.2d 443, 447.) An owner or possessor must make reasonable inspections of those portions of the premises open to invitees, and the absence of inspections within a particular period of time prior to an accident may warrant an inference that a person exercising reasonable care would have discovered the condition. ( Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1212-1213.) For the “it has never happened before defense,” “when an unreasonable risk of danger exists, the landowner bears a duty to protect against the first occurrence, and cannot withhold precautionary measures until after the danger has come to fruition in an injury-causing accident.” ( Robison v. Six Flags Theme Parks Inc . (1998) 64 Cal.App.4th 1294, 1305.)

Who am I going to name in the lawsuit?

In all sidewalk cases, the first question that arises is “who do you sue?” The short answer is “Everyone.” You should consider naming the adjacent homeowner, the management company in charge of maintenance (if there is one), the city, and the county. Then let the defendants come forward and start pointing the finger at each other as to who is liable.

The general rule is that an adjacent or abutting property owner is liable for injuries caused by a dangerous condition on the public sidewalk, if the dangerous condition was created through the negligence of the homeowner. (See e.g., Selger v. Steven Brothers, Inc. (1990) 222 Cal.App.3d 1585, 1592, 1594 [stating that “an abutting owner has always had a duty to refrain from affirmative conduct which could render the sidewalk itself or use of the sidewalk dangerous to the public”]; Peters v. City & County of San Francisco (1953) 41 Cal.2d 419, 423. [“In California, it has long been the law that a person may be liable for injuries resulting from his failure to use ordinary care in the management of his property.”]) If the trip and fall occurs as a result of a tree root problem, and the tree belongs to the city, then you have to look at the city ordinance to see whether it has clear and unambiguous language, making the homeowner liable for repairs and maintenance.

Case law indicates local ordinances cannot be inconsistent with state law as established by the Tort Claims Act. ( City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894, 899.) This precludes a city from absolving itself of all liability, but does allow concurrent or shared liability of adjacent property owners. In order for a city to impose concurrent liability on a property owner, it requires “clear and unambiguous language” in their municipal ordinance about their respective sidewalk policy. ( Schaefer v. Lenahan (1944) 63 Cal.App.2d 324.)

It is well-settled law in California that a pedestrian has the right to assume that the public sidewalk is in a reasonably safe condition. ( Garber v. City of Los Angeles (1964) 226 Cal.App.2d 349, 424.)

In order to sue the city, you will have to prove that the sidewalk was owned or controlled by the public entity at the time of the incident. Almost always, the city will point to the adjacent landowner as the responsible party for the sidewalk upkeep, or at least, reporting the condition to the city. California State and Highways Code section 5610 states that owners of lots fronting any portion of a public street shall maintain any sidewalk in such a condition that the sidewalk will not endanger persons or property.”

But section 5610 does not impose on owners tort liability or a duty to indemnify municipalities for pedestrian injuries, except where a property owner created the defect or exercised dominion or control over the abutting sidewalk. ( Williams v. Foster (1989) 216 Cal.App.3d 510, 516.) In short, the adjacent landowner would only be liable if it acted negligently with respect to the sidewalk, thereby giving rise to independent liability.

For instance, a property owner may be liable if he or she alters the sidewalk for the benefit of the owner’s property. ( Sexton v. Brooks (1952) 39 Cal.2d 153, 157.) A property owner may also be liable if he or she negligently damages the sidewalk. ( Moeller v. Fleming (1982) 136 Cal.App.3d 241, 245 [break in sidewalk caused by the property owner’s tree]; Alpert v. Villa Romano Homeowners Association (2000) 81 Cal.App.4th 1320, 1335, 1336 [issue of liability created where owner planted plants and trees on both sides of the sidewalk, allegedly causing a sidewalk trip hazard that injured a person].)

Every city has its own municipal codes mandating that owners must maintain sidewalks surrounding their property in a reasonably safe condition. Whether this creates a duty to the public in general depends on the language of the ordinance. Despite the state law and local ordinances, some of which are listed below, the city remains the owner of public sidewalks and street trees, and California Government Code section 835 does provide for statutory liability against a public entity for injuries caused by a dangerous condition. Therefore, even if the adjacent lot owner has the responsibility and the financial obligation to maintain the sidewalk, the public entity is not immunized from liability. (See Gonzalez v. City of San Jose (2004) 125 Cal.App.4th 1127, 1138-1139 [A governmental entity is not immunized from liability for the dangerous conditions of sidewalk by the concurrent liability of an abutting landowner]; Peters v. City and County of San Francisco (1953) 41 Cal.2d 419, 428-429 [liability of the governmental agency and property owner for a dangerous condition on a city-owned sidewalk is determined by each of their individual wrongful acts or omissions]; Low v. City of Sacramento (1970) 7 Cal.App.3d 826, 833 [in an action against a city and a private landowner for injuries caused by a dangerous condition of a sidewalk, the city and the landowner may be joint or concurrent tortfeasors and may incur joint liability].)

Los Angeles ordinance

Recently, the city of Los Angeles passed an ordinance with “clear and unambiguous” language, which states that the adjacent property owner is liable for maintenance and repairs of the sidewalk. California has 58 counties, which contain a total of 482 municipalities. This article cannot possibly list all 482 ordinances, but here are the ordinances from the cities with the top six populations in California:

“As of January 1, 2017, Los Angeles Municipal Code 62.104(b) was amended to read as follows: “…the owner of a lot shall maintain any sidewalk driveway, approach, curb return, or curb will not endanger any person or property passing thereon or violate the Americans With Disability Act.” (Emphasis added.) California courts have yet to decide whether this is enough to create a duty on the part of the adjacent homeowner. Therefore, if the incident happened in the city of Los Angeles, always name the adjacent property owner, and the property owner’s homeowners’ policy should cover the loss. From the language of the municipal code, it can be argued that the ordinance is clear and unambiguous in that the adjacent owner owes a duty to the public, and is therefore liable. Note that although a city can add liability to a property owner, it cannot legislate away its own liability by an ordinance.

Given that the Los Angeles ordinance now includes language regarding ADA violations, here is something important worth pondering:

In Mark Willits, et al. v. City of Los Angeles, filed in the Central District of California, Case No. 2:10-cv-05782, the Honorable Consuelo B. Marshall approved a $1.4 billion class action settlement reached between the city of Los Angeles and disabled individuals to repair the crumbling sidewalks, in what was claimed to be the largest disability access settlement in U.S. history. Details can be read on Law 360. If your client tripped and fell at or near a “place of public accommodation,” and he or she is a disabled individual, you should definitely consider alleging ADA violations in your complaint. You may ask, “why?”

The ADA permits a disabled individual denied access to public accommodations to recover damages in a government enforcement action only, not through a private action by the aggrieved person. But by incorporating the ADA into the Unruh Civil Rights Act, California’s own civil rights law covering public accommodations, which does provide for such a private damages action, the Legislature has afforded this remedy to persons injured by a violation of the ADA. ( Munson v. Del Taco, Inc. (2009) 46 Cal.4th 661, 673.) In short, a violation of the ADA constitutes a violation of both the Unruh Civil Rights Act and the Disabled Persons Act.

The Unruh Civil Rights Act (Civ. Code § 51, et seq.) and the Disabled Persons Act (Civ. Code § 54, et seq.) clearly have significant areas of overlapping application, although the Unruh Civil Rights Act applies to many more types of discrimination. (Compare Civ. Code § 51(b) [“all business establishments of every kind whatsoever”] with Civ. Code § 54(a) [“streets, highways, sidewalks, walkways, public buildings ... and other public places”] and Civ. Code § 54.1(a)(1) [“accommodations, advantages, facilities, ... telephone facilities, ... places to which the general public is invited”].) Although the ADA Accessibility Guidelines (ADAAG) do not completely address sidewalks and pedestrian pathways, you will have to establish that your disabled client encountered an “architectural barrier” whose removal was readily achievable.

The Ninth Circuit in Chapman v. Pier 1 Imports ( U.S. ) Inc. (9th Cir. 2011) 631 F.3d 939, 947 stated that a barrier amounts to an interference if it affects the plaintiff’s full and equal enjoyment of the facility on account of his particular disability. The Ninth Circuit went on to state that “[b]ecause the ADAAG establishes the technical standards required for “full and equal enjoyment,” if a barrier violating these standards relates to a plaintiff’s disability, it will impair the plaintiff’s full and equal access, which constitutes “discrimination” under the ADA… As we have held, once a disabled plaintiff has encountered a barrier violating the ADA, “that plaintiff will have a ‘personal stake in the outcome of the controversy’ so long as his or her suit is limited to barriers related to that person’s particular disability.” ( Ibid .)

Now to answer the question as to why you should consider alleging ADA violations: If you successfully establish a violation of the ADA, here is what you are entitled to under the Unruh Civil Rights Act (Civ. Code § 52), and the Disabled Persons Act (Civ. Code § 54.3): actual damages which can be trebled to a maximum of three times the amount of actual damages, and attorney’s fees. Now you start to think to yourself, how amazing would it be if you can triple your six- or seven-figure judgment, and get all your attorney’s fees paid by the defendant? You will also strike fear in the heart of the defense attorneys and the adjusters defending your client’s claims, which is always a plus in and of itself.

Other municipality ordinances

San Diego : See City of San Diego Sidewalk Maintenance Policy 200-12. The City is responsible for the maintenance of sidewalk damage caused by vehicle accidents, water main breaks, grade subsidence and trees within the Right-of-Way. Normal sidewalk wear and tear or age damage is the responsibility of the homeowner who can take advantage of the City’s 50/50 Cost Sharing Program to help offset the cost of repairs.

San Jose : See San Jose Municipal Code section 14.16.2200 to Section 14.16.2270. Section 14.16.2205 imposes liability on the property owner, if the injury results as a failure of the property owner to maintain the sidewalk area in a non-dangerous condition as required by Section 14.16.2200.

San Francisco : San Francisco Public Works Code Section 706 mandates that owners must maintain sidewalks surrounding their property in a reasonably safe condition. Section 805 likewise mandates that it is “the duty of owners of lots or portions of lots immediately abutting on, fronting or adjacent to any street tree to maintain such tree.”

Fresno : See Section 13-217 of Article 2, stating that the owner shall have the duty to maintain and repair the sidewalk area.

Sacramento : See City of Sacramento Code, section 12.32, which specifically creates a duty for the adjacent homeowner to the public to keep and maintain the sidewalk area in a non-defective condition. See 12.32.040, Civil liability for injuries.

You can go to https://library.municode.com/ca to search the respective ordinance for each city.

Having these general rules in mind, your next step will be to gather evidence in support of your opposition to the city’s inevitable motion for summary judgment, arguing that the dangerous condition was trivial, or if not, your client has no evidence to carry his burden of proof that the city had actual or constructive notice of the defect.

Where do I get my evidence?

Where do I get my evidence to oppose the Motion for Summary Judgment? Whenever litigating a sidewalk case, one of the first things you should do is to send a California Public Records Act (“CPRA”) Request to the appropriate agencies, which include, but are not limited to Department of Public Works for your county, Caltrans, Department of Transportation, Urban Forestry Department, Bureau of Street Services, the City Council, the County, and any other government entities that may responsible for cleaning, inspecting, maintaining, and/or repairing the sidewalks and the streets.

These entities are going to be your best friends in establishing constructive notice of the dangerous condition, even if the city claims that they had no inspection program for sidewalks (thereby establishing that they had no actual notice). Having no inspection program may prevent the city from gaining actual notice, but it doesn’t protect the city from liability for having constructive notice. Your goal is to show that the condition was there for a long time and was obvious, and would have been seen if they had a reasonable inspection program. For instance, the city may argue that there was never any inspection, but you may get records from the forestry department, showing that the department was out there surveying the streets and/or pruning the street trees.

It is highly recommended that you read and familiarize yourself with the Act, as valuable information may be gained from these requests. A detailed guide can be found here: https://www.cacities.org/Resources/Open-Government/THE-PEOPLE%E2%80%99S-BUSINESS-A-Guide-to-the-California-Pu.aspx , and here http://ag.ca.gov/publications/summary_public_records_act.pdf. There are many intricacies that you have to be aware of when sending these requests, which will not be discussed here. However, in your request, you want to ask for records pertaining to the section of the street where the incident happened, for at least a five-year window of time.

The most important thing to remember is that you have to send your CPRA request before you file your lawsuit. Do not make your request on your letterhead, and note that some entities have their own CPRA record request forms.

Conduct interviews

Once the case is filed, you should continue your discovery by also talking to the neighbors and finding out if they remember seeing any city workers or construction people working near that area in the past, or if they ever saw any similar incidents. This will help you identify the appropriate people or entities who can then be deposed to establish actual and/or constructive notice. You can also find out if the city ever gave notice to the homeowner to repair the sidewalk pursuant to Section 5615 of the Streets and Highways Code, and whether the City had sufficient time to repair the sidewalk. Always depose these folks and do not forget the garbage personnel (if connected to the city), and make sure to ask if there was any road work done near the sidewalk. Prior to these depositions, you should have already talked to the nearby neighbors to find out if prior repairs or maintenance was done either to the sidewalk or to the street.

Remember that notice (actual or constructive) and “dangerous conditions” are major issues not to be overlooked. Therefore, always remember that you will need an expert to document the defect before it is changed, and address any questions about a tree, length of time at residence, prior complaints, prior repairs, sewer or pipe problems (tree root issue?), planting, watering, gardening, or vendors doing tree or lawn service in the area where the incident happened.

Also remember that even if a dangerous condition exists, if the landowner or the public entity did not create it, and did not have actual or constructive notice of the condition, you will find yourself on the losing side of a motion for summary judgment.

Using Google Maps

One way to get clues to establish actual or constructive notice is to go on Google Maps and look at the section of the street where the incident happened, and then go back in time and determine whether the sidewalk was ever repaired, or if there was any construction going on. You may want to talk to the landowner and determine whether the pictures look familiar. Remember that your goal is to establish ownership, control, and notice (actual or constructive). Do not forget that if you use Google Street View photos, you have to get Google to authenticate those documents via a declaration under penalty of perjury. Send a subpoena to Google requesting Google Street View historical images for that address, for at least 5 years prior to the incident.

Your written discovery should also be directing to the following: first send out RFAs to all the parties, and request that each party admit ownership and control over the section of the sidewalk where the incident happened, and admit that another person did not own or control the sidewalk. Also, do not forget to get the city to admit that another owner did not contribute by act or omission to the incident. You then want to send out special interrogatories to each party, finding out the dates when any person or entity repaired, inspected, or maintained that section of the street (from the city), or was observed doing so (from the landowner). These defendants will not hesitate to backstab each other, so that they can help their respective clients (the insurance companies) to lower their exposure.

Arash Arjang

Arash Arjang is an associate at Yarra Law Group, in Fresno, California. He received his undergraduate degree from the University of California at Los Angeles, and his Juris Doctor from Southwestern Law School in 2010, graduating with Honors. He was also an associate editor of Southwestern’s Law Review. Arash currently works in the civil litigation department and practices in a wide array of fields.

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Educating Injury Victims

Slip and Falls
Trip and Fall Injury Claims

Differences Between Trip and Fall and Slip and Fall Claims

Matthew Carter, Esq.

Matthew has been a licensed attorney since 2004. He was awarded the Martindale rating of AV – Preeminent. This is given to attorneys ranked at the highest level of professional excellence by their peers.

Here’s how a trip and fall differs from a slip and fall, and what that means for your personal injury case. Protect your legal rights to fair compensation.

Slip and fall accidents and injuries, trip and fall accidents and injuries.

Who Pays Slip or Trip and Fall Claims?

Pursuing Payment for Fall Damages

At first glance, you might think that “slip and fall” and “trip and fall” mean the same thing.

In legal terms, “trip and fall” describes a different type of incident with a different type of injury. The differences can change your legal claim.

Slip and falls are caused by slick surfaces and victims usually fall backward.

Trip and falls are caused by obstacles that trip up a person and make them fall forward or to the side.

As with all personal injury claims, the value of a trip and fall case largely depends on the specific facts of the case.

Slip and fall accidents usually happen when the floor or ground is made slick or slippery. When you put your weight on the slick surface, your feet slide out from under you and you typically fall backward, onto your bottom, hips, or your back.

These kinds of falls can result in serious injuries to your head , neck , back , and various other body parts. Common causes of slips and falls are snowy or icy sidewalks, a wet floor, or some other slippery surface.

Case Example: Icy Parking Lot Causes Slip and Fall Injury

Paul was staying at a big hotel with a private, secured parking lot for guests. It’s the busy holiday season, with parties and business conventions booked every day. However, it was a bad winter with frequent ice and snow storms.

Paul’s company hosted a business conference at the hotel. One evening, Paul was carrying a box of conference materials as he headed to his car. The parking lot was still covered with snow from the night before.

Because of the snow cover, Paul didn’t see the icy patches on the untreated parking lot.

He slipped and fell, slamming the back side of his head and body to the asphalt. A concussion and dislocated shoulder kept Paul out of work for several weeks.

Trip and fall accidents happen when there is some kind of obstruction on the floor or ground. This dangerous condition, known as a “tripping hazard,” can catch someone’s foot or leg while they are walking or running.

The momentum of a trip and fall accident usually results in the victim falling forward and suffering an injury.

Trip and fall accidents tend to injure different parts of the body. Hands, arms, knees, elbows, and the face can all be potential areas for trip and fall injury claims.

Case Example: Jury Awards $3 Million in Trip and Fall Case

Lynda Sadowski was walking through the Jack Casino when she tripped over a flattened Wet Floor sign, falling forward and fracturing her kneecap. Her knee required surgical repair and left her with diminished mobility.

Casino security film showed that another customer had knocked over the sign earlier. Moments before Sadowski’s fall, a casino employee walked around the flattened sign without picking it up.

The casino argued that Sadowski wasn’t watching where she was going. Sadowski’s attorneys argued the casino “failed to use ‘ordinary care’ for Sadowski’s safety and failed to maintain a reasonably safe environment, resulting in the injury.”

The jury agreed with Sadowski, awarding $3 million for her injuries and pain and suffering.

Sadowski vs. Jack Casino

A trip and fall accident can happen anywhere. Perhaps a crowded antique shop’s narrow aisles are strewn with merchandise that present tripping hazards. Or a rubber mat in front of a building entrance bunches up and presents a tripping hazard. Maybe a veterinarian allows unleashed animals in the office that then get tangled under guests’ feet.

Besides having different causes, trip and fall accidents can also cause different kinds of injuries.

FOOSH injuries (Fallen Onto an OutStretched Hand) are common. FOOSH injuries can include broken wrists, broken arms, and ligament tears. People who trip and fall forward can suffer significant facial trauma and head injuries.

Who Pays for Slip or Trip and Fall Claims?

As with slip and fall cases, trip and fall injury claims are usually premises liability claims. This means that the property owner or manager is the main person responsible for the trip and fall injury.

In most cases, the property or business owner should have control and responsibility for any fall hazards on the premises.

Were you hurt while patronizing a business? There is probably at least one commercial general liability insurance policy that can compensate you for damages.

If you suffered your trip and fall injury at someone else’s home, their homeowner’s insurance policy or renter’s insurance should compensate you for your injury.

There may be other parties responsible for your fall accident. For example, if the owner has leased a commercial property to a business, the business owner may also have responsibility for your injury. If your fall was due to the intentional behavior of a third party, they may also be liable in addition to the owner of the premises or business.

Also keep in mind that slip or trip and fall injuries may give rise to product liability cases.

Examples of product liability in fall claims:

If a slip and fall was caused by a pool of melted ice leaking from a defective grocery store freezer, the freezer manufacturer may share responsibility for your injuries.
If a trip and fall was caused by a defective hotel rug, the manufacturer of the rug may also be liable for your injury.

Man pointing to a document on the table during a meeting

After figuring out who should pay for your fall injury, the next question is how to pursue a claim to compensate you for your injury.

Decide if you can handle your own trip and fall claim or if it should be handled by a personal injury attorney.

Create an injury claim document file for organizing your medical bills, medical records, and other evidence of how your injury has affected your life.

You’ll also need evidence of the property owner’s negligence, such as photographs of the accident scene and witness statements from people who saw what happened to you.

If you decide to handle your own claim, put together a demand letter so the insurance adjuster can see your damages and decide whether to offer you a settlement. Keep in mind that insurance companies tend to offer less money to unrepresented claimants in the hope they’ll take a quick settlement and go away.

If you cannot settle with the insurance company, you may need to file a personal injury lawsuit. If you haven’t already consulted an experienced attorney, now is the time to get legal advice. The evidence that you gathered for the insurance company will be useful here.

Most claims settle out of court. However, if your attorney takes your trip and fall case to trial, the jury may award a monetary judgment. For example, if you have a broken wrist FOOSH injury, you could get as much as $80,000-$120,000 from a favorable jury verdict.

Minding Your Step

It’s always important to watch where you’re walking and to be careful. But you can’t be responsible for everything, all the time. When you step onto someone else’s property or patronize their business, they need to make sure that you can safely walk through their parking lot, sidewalks, walkways, and buildings.

Never leave the scene of a trip and fall accident without notifying the property owner or manager. If you’re injured at a business location, ask the manager to fill out an incident report .

Seek prompt medical treatment after a slip or trip and fall injury. Tell the medical prover when, where, and how you were injured. You’ll need proof of the accident date and location, along with evidence of your injuries for a successful claim.

A broken wrist or a broken nose may not be fatal. But these injuries can be painful and expensive. You deserve to be compensated. If you or a loved one has suffered a fall injury caused by someone else’s negligence, contact a personal injury law firm in your state for a free consultation.

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What is a trip and fall case?

When you own a home or business in Pensacola or the surrounding area, you have a duty to ensure that your property is reasonably free of hazards. When a visitor to your property trips and falls , injuring themselves, they will have the legal grounds necessary for a personal injury lawsuit if they can prove that you did not maintain your property properly.

A trip and fall case is similar to a slip and fall case in that several elements must be proven. In order to have a successful case, a victim must be able to show the court that:

You own the property
You did not maintain the property in such a way that it was reasonably free of hazards
They tripped and fell on your property
The accident was due to your negligence
Injury occurred
The injury was a direct result of your negligence
There was a financial loss, or other type of loss, as a result of the injury

When a victim can prove these things in court, you may be ordered to pay damages.

For example: You own a home and know that roots are coming up out of the ground near your sidewalk. A person trips over a root, falls and sprains their ankle. As a result of the injury, they are out of work for several weeks. They may be able to secure compensation from you in court.

If you have been injured on someone’s property due to a trip and fall, an experienced personal injury attorney can assist you in filing a lawsuit.

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11 Real Life Slip and Fall Case Results

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How much is my slip-and-fall accident worth?

What should i do if i have a slip-and-fall accident, real-life case results.

Each year, more than eight (8) million people receive emergency room treatment for injuries sustained from slip-and-fall accidents. For older adults, the Centers for Disease and Control and Prevention confirm that slip-and-fall accidents are the #1 cause of unintentional deaths in the U.S.

Common injuries sustained from slip-and-fall injuries include traumatic brain injuries, broken bones, spinal cord injuries, and torn muscles. Regardless of the seriousness of the injuries, you as a victim have the right to be treated with respect and to be compensated for your injuries by the person at fault.

Leveraging the experience of a New England personal injury lawyer skilled in the process of negotiation and litigation is your best option for securing the compensation you deserve as you continue with your recovery process.

Each case is different, and your personal injury lawyer will look at every aspect of your case to determine a fair compensation.

The main factors that will drive the settlement amount include:

Your lost wages, reduced earning potential, pain and suffering, loss of consortium , mental anguish, etc.
The extent of your injuries, including bills for past and anticipated medical treatment, ambulance costs, etc.
Incidental expenses incurred because of the accident (for example, fuel for transportation to and from the doctor’s office and therapy).
Liability of the person responsible for the accident.
How the person responsible contributed to the accident.

Your pain and suffering lost wages and reduced earning potential will fall under the category of General Damages.

Special Damages refers to the direct costs caused by the injury, such as the medical expenses.

Punitive Damages may be included if the person responsible for the accident – and your injuries – was especially negligent.

While it’s understandably easier said than done, it’s important that you keep your wits about you and establish a chain of evidence.

Make sure someone knows. Whether it’s a store supervisor, manager or property owner, make sure they are aware of the accident before you leave the premises.
Even if you feel fine, don’t say you’re ok. It can take some time before injuries from falls begin to be felt or noticed. It can sometimes take days for serious damage to be felt.
See a doctor ASAP!

To establish a paper trail of your injuries, it’s vital that you see your doctor for an examination as soon as possible.

If you’ve experienced a slip-and-fall accident, call the Haymond Law Firm, New England’s most trusted personal injury lawyers.

The seemingly slightest of falls can often result in long-lasting injury and discomfort. That’s why you need a skilled personal injury lawyer in your corner.

With offices in Connecticut, Massachusetts, Vermont, New Hampshire, New York, and Florida the Haymond Law Firm has the resources to aggressively fight for your interests.

For a free consultation, call us at 1-800-HAYMOND (1-800-429-6663).

Case 1: Slip and fall victim recovers money after falling at a cookout

Slip and fall victim recovers money after falling at a cookout.

While hoping to enjoy the weather and grilled food, he instead took a step down from the building towards the parking lot, only to have the railing snap off on him, resulting in Frank falling to the cement ground underneath, breaking his ankle and dislocating his hip bone. Frank underwent three months of physical therapy and missed a lot of time from work.

Case Results

Frank chose The Haymond Law Firm because of their excellent reputation. John Haymond met personally with Frank and his family in New London, CT and it was agreed that the employer needed to be held accountable for their actions and the gross neglect of their property.

The Haymond Law Firm conducted an intense and thorough investigation of the property, the Landlord, and all history associated with complaints and defects concerning the property. After completing all the necessary research Haymond discovered that the property owner had received multiple complaints about the handrail previously and also discovered that the city gave notice of the danger of this handrail during a previous safety inspection. However, no corrections were ever made to the dangerous handrail by the Landlord.

As a result of our aggressive approach, Frank received a settlement in order to help pay the remaining medical bills and make up for the lost pay from his work.

No amount of money can truly make up for an injury a client suffers. The Haymond Law Firm works tirelessly to ensure our clients are compensated fairly and do not have to worry about making ends meet after a traumatic incident.

Case 2: Young mother receives a large settlement after slipping and falling on icy sidewalk

The holiday shopping season was in full swing on that fateful day when Dana Williams was out looking for the last few items on her list. A young mother of two young children, she was walking along a street in West Hartford, Connecticut as she looked for that special gift for a few of her favorite family members. Due to a recent snowfall a few days prior, as well as the subsequent drop in temperatures from the night before, the sidewalk was icy and slippery

Dana suffered a devastating fall that resulted in numerous fractures as well as a concussion. Initially helped by some passersby who were also precariously picking their way across the frozen sidewalk, the manager of the store that she fell in front of rushed to the scene and called for emergency medical help. The first responders also had a difficult time administering care to Dana do to the atrocious conditions of the sidewalk.

Attorney Haymond went to the scene of the accident along with his private investigator. They discovered upon inspection that there was an overhang in front of the store without a gutter to control the runoff of snow and water. As a result, water and snow fell onto the sidewalk in front of the store and froze along the walkway. The theory of recovery was that the owner of the store either knew or should have known of this dangerous hazard created by the awning and failed to correct the condition.

After being seen by the emergency room doctor, it was evident that Dana needed extensive surgery. A week-long hospital stay was required in order for all of her injuries to be addressed and stabilized. During the first few days after her slip and fall accident, Dana remembers very little due to her head injury.

With her medical bills mounting, Dana’s family contacted Haymond Law Firm who visited her at the hospital at her invitation. She wanted to establish the details of her accident while they were still fresh in her mind. According to the inclement weather regulations for West Hartford, the store owner has a responsibility to ensure that the sidewalk in front of his store is either free of ice and snow or covered with non-slip material such as sand. In addition to Dana’s statement, the private investigator’s photos and report we also obtained statements from those who assisted her, including the first responders who arrived to give her medical assistance. Dana was awarded a settlement for her medical expenses, pain and suffering because the sidewalk was not properly maintained by the store owner.

Case 3: Snowy auto accident settlement

In late January a driver was driving a state of the company van. It was snowing and there was snow on the road. Our client was driving on a rural route in Granby, Connecticut. As he was coming to the crest of a hill, a town-owned pickup truck with snow plow attachment backed out of a private driveway into the van’s lane of travel and struck the passenger side front end of our client’s vehicle.

The client sustained injuries to his right shoulder and right wrist. Ultimately, he required surgery for a torn rotator cuff of the right shoulder and surgery for a torn ligament in his right wrist. He was assigned a 35% permanent partial impairment of the right shoulder.

His medical bills were paid by the workers’ compensation insurance carrier for the employer. That carrier also paid several thousand dollars lost wage benefits and nearly $60,000 for the impairment of the right shoulder. For all benefits paid on behalf of the client, the workers’ compensation insurance carrier had a lien in excess of $139,000.

The liability carrier for the Town tried to claim that the client’s injuries were caused by prior instances of work-related injury sustained by the client in his capacity as a corrections officer, particularly a prior claim for a right shoulder injury several years earlier. However, there was no indication that the client was ever a surgical candidate prior to the motor vehicle accident in 2009.

The case was scheduled for trial in mid-February. The parties all consented to a mediation session with a judge from the Superior Court. The parties were the Plaintiff (client), the town and its driver and the employer seeking reimbursement of the worker’s compensation benefits paid.

After a two hour mediation, the case settled including our client’s impairment award and lost wage benefits received from the workers’ compensation carrier.

Case 4: Fall on poorly maintained property results in large settlement

Even if a piece of the property appears to be entirely safe, it may not be. Steve was excited when his family moved into a new rental property, a single-family home in Hartford CT with a big backyard. That is until Steve sustained injuries during a fall down the home’s back steps. Steve had thought the back steps seemed a little wobbly and had mentioned it to the landlord, but his concerns had never been addressed. Then on April 19, 2016, Steve was headed down into the backyard in the early morning to bring the family dog inside.

Although the light was poor and there was dew on the steps, they appeared to be as safe as always. But then Steve lost his balance and fell, fracturing both his wrist and ankle in the process. His wrist needed to be immobilized, and his ankle required surgery to insert several pins. He was unable to walk for several weeks, which severely impacted his job as a security guard. Throughout it all Steve couldn’t help but remember the wobbly stairs and wondered if that might have been the cause. He contacted the personal injury experts at The Haymond Law Firm and began investigating right away.

Haymond Law sent a certified inspector out to the property, and he was able to determine that the stairs were not only not built to code, but dangerously so. Then our investigator went a step further and went to the local permitting office. There he discovered that there had been no permit filed to add the back entrance and stairs to the property. With an illegal addition not built to code, it was easy to prove negligence on behalf of the property owner. And even though Steve had only verbally questioned the landlord about his concerns with the stairs, he had a compelling case.

Haymond Law sought damages on Steve’s behalf for his injuries as well as a loss of work and was able to settle out of court for $250,000. Steve is now back to work, and the settlement enabled him to put a down payment on a new family home, with a big backyard for the family dog. Do not assume that any property has been built properly and to code. If you suspect that an injury you have sustained is due to negligence, contact the personal injury legal experts at Haymond Law.

Case 5: Man Awarded Settlement As A Result Of Slip And Fall

James Stevens, 68, was recently shopping in a local supermarket when he suffered a terrible slip and fall accident. Stevens was walking through the refreshments section of the supermarket when he slipped on a puddle of spilled water.

After a few minutes of writhing in pain on the ground, a store manager arrived at the scene. He helped Stevens to his feet and ordered one of the store’s employees to clean up the spilled water. Stevens was unable to walk more than a few short steps so the store manager contacted emergency personnel. Upon their arrival, Stevens was carried out of the supermarket on a stretcher and transported to a local hospital.

Stevens underwent subsequent surgery and his doctors believed that he would likely require a total hip replacement in the future. Stevens still can’t put his full weight on the injured hip, experiences chronic pain in both the hip and groin region and has not regained a full range of mobility. He also experiences stiffness and swelling in the hip area. He is undergoing physical therapy that will last for months.

In the days following Stevens’ slip and fall, he contacted the attorneys at the Haymond Law Firm. The firm filed a premises liability lawsuit against the supermarket as management and employees failed to clean up the spilled water that caused Stevens’ slip and fall and the consequential injuries. We retained a private investigator specializing in slip and fall cases. There is a great deal more difficulty proving fault due to falls in supermarkets. However, after managing to obtain statements from 3 employees we discovered that a bottle had broken about 15 minutes before the incident. We claimed that the store and its employees knew or should have known that there is a duty to inspect aisles on a regular basis. The Haymond Law Firm successfully proved that the supermarket failed to maintain their duty to their customers.

The Haymond Law Firm’s attorneys and investigators recruited witnesses and medical experts who testified that the supermarket’s poorly maintained floor had a direct causal relationship to Stevens’ fractured hip.

Stevens was awarded a large settlement for his medical expenses and pain and suffering. He attributes this generous award to the legal expertise of the Haymond Law Firm’s attorneys.

Case 6: HLF fights for client afterslip and fall at a local strip mall

A woman was headed to work out at the local gym when she tripped on an uneven walkway brick at a strip mall.

The woman fractured her kneecap, but the insurer for the strip mall refused to accept liability. We spared no expense in trying to prove notice against the strip mall owner.

We went out to the scene, took photos, and spoke with other pedestrians in the area who also fell and took their statements. We interviewed all of the businesses in the strip mall until we had many statements proving that the bricks in the walkway were uneven. We filed suit and recovered a fair sum of money after mediation.

Case 7: Trip on a dog’s leash results in financial recovery

Vivian L, a local senior citizen in Hartford, CT who is active in both mind and body, was enjoying a walk from her home in the downtown area to a town council meeting where she expected to make her voice heard regarding the various topics on that night’s agenda. A patron of business along her route left his dog tied to a bench, giving the pet lots of room on its leash to move around.

Unfortunately, the pup was less than comfortable within the confines of the town with all the noise and busyness that occur there. When a car drove by, it startled the dog, making it jerk away from the bench. The dog leash popped off from the bench and flew into Vivian’s path, causing her to trip. She suffered a painful fracture of her wrist, her first such injury of that nature.

To a bystander, it might seem as though this is simply a freak accident. However, a dog owner is still responsible for the behavior of his pet, both on his own property and when the animal is taken out into the world at large. The dog’s owner tried to claim the town was responsible for the accident. , The Haymond Law Firm pursued a claim against the dog owner and we convinced his insurance carrier that it was responsible even though the dog didn’t bite or go after Vivian.

Vivian’s wrist was fractured badly. Though she was in excellent health overall, due to her age, Vivian had some challenges in healing from this injury. She required physical therapy in order to gain full use of that arm. With the settlement The Haymond Law Firm won for her, Vivian was able to recover from her injuries and get her life back together.

Case 8: Woman slips and falls during snowfall, HLF negotiates settlement

A resident at Hartford Hospital was on her way to work when the snow started to fall. Suddenly, she slipped on the sidewalk and felt severe pain in her ankle. Other doctors from the hospital came out to the sidewalk to assist her, and it was discovered that she had a serious ankle fracture. She was rushed into surgery.

After five months she returned to her duties. We investigated the accident and discovered that a layer of ice had accumulated on the sidewalk. As the light snow fell, it covered the ice that had formed during the previous few days, obstructing the doctor’s view of the slippery condition. We negotiated a large settlement.

Case 9: Mall Parking Lot Fall

The Haymond Law Firm represented a client who fell on ice in a mall parking lot. The lot had an owner, leaseholder agreements transferring power to shadow corporations, lessors, sublets, tenants, property managers, contractors, and subcontractors. We filed a suit against six defendants. After we filed suit, each attorney for the six defendants called trying to get out of the case. They wanted us to agree to one defendant who was solely in “control” of the property and let the rest out. However, they did not want to agree to who was at fault. They just wanted to agree on who was in control and whose responsibility it was to care for the ice.

We said no. They were going to admit who was in control and let the rest out and leave it to us to prove who was at fault. They tried many arguments, we said no.

In the end, the defendants testified against each other to avoid blame & we were able to settle.

Case 10: Not Waiting on Insurance

We had an adjuster on a slip and fall case claim that sent letters that purposefully did not identify his named insurance. At first, we thought he was hiding the name of the real at-fault party so we could not sue them. We sent a letter giving him a deadline of 60 days to identify his insured. He answered that the insurance company was investigating whether there was adequate coverage at the time of that accident and said that we should diary it for 6 months. We sent a letter giving the company 30 days to answer yes or no to coverage or we would file suit. He called to tell us to send me a copy of the suit and claimed that we may have to wait in line two more years to get a trial date and a verdict to decide if there is coverage for this company.

We filed something called a PJR. It is like a superpower that asks a court to freeze bank accounts or lien real estate of the at-fault party because their insurance company says it is going to take a long time to determine coverage or not. Within 24 hours of filing the PJR, the at-fault party hired his own attorney to make claims against the insurer for not giving a prompt coverage answer.

Within weeks of filing the PJR not only did I have written coverage confirmed, but we also had a defendant who hired an attorney to push his insurance carrier to pay our client.

Case 11: Ice in Parking Lot Slip & Fall

Attorney Sudnick represented a client who fell on ice walking through the parking lot to get to work. It turned out that his boss owned the company that rented the premise as well as the company that employed him.

Attorney Sudnick filed a “PJR.” Essentially when the insurance company said a coverage decision may not come until after a verdict two years later, Attorney Sudnick sought the attachment of the owner’s home and within days the insurance company agreed to provide coverage.

We recovered a six-figure amount for her client. She managed to put her client in a position to keep receiving workers’ compensation benefits, and she lowered the workers’ compensation lien significantly down from the mandated amount by statute.

The Haymond Law Firm

Attorney John Haymond has been a trusted source for legal consultation for 40+ years. We’ve achieved substantial recoveries for our personal injury clients..

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Trivial Defect Defense in Trip and Fall Injury Case

Unfortunately, trip and fall incidents cause serious and lasting injuries. When the trip and fall have occurred on someone’s property, and it results in injury, there is a potential premises liability case. In the process of determining liability, the court may apply what is called the “trivial defect” defense.

If you have been involved in a trip-and-fall incident and were injured, reach out to an attorney at Silva Injury Law who can best navigate your case to ensure you are compensated fairly for your injuries and suffering.

How Helen G – Retiree & Grandmother of 7 – Earned a $600K Settlement After Suffering Broken Bones Caused by a Trip and Fall .

The Trivial Defect Doctrine

Before an injured party can recover from their injuries in a trip and fall injury case, they must prove that the defendant, often the owner of the property, maintained dangerous conditions on the property and that the owner either knew or should have known about the dangerous condition. Additionally, the injured party must prove that the condition which caused the fall was not considered a “trivial defect.”

A “trivial defect” in California is generally understood to be when the change in elevation of a walkway is 3/4 of an inch or less. However, some courts in California have held that a change in elevation of 1.5 inches or less is trivial. What this means in a trip and fall case is that if you trip and fall over a raised portion of a walkway that is less than 1.5 inches, your claim may be discarded . Even if your injuries from falling were severe, a judge might throw out the case completely based on this rule. Despite this, however, there are exceptions to this general rule which may allow a claim to prevail despite the trivial defect doctrine.

The height difference shouldn’t be the sole factor in determining whether something was a trivial defect in a trip and fall injury case. Other factors can include:

The nature and quality of the defect,
The time of day,
Lighting conditions, and
Whether someone else suffered injuries from the same defect.

Rather than the court throwing out a case simply due to the size of the potential defect, it may let a jury decide what constitutes a trivial defect. Several potential strategies include:

Treat the defect size as a triable issue of fact so the jury can decide.
Set the stage that the defect is one element of a broader, more dangerous condition that puts multiple people at risk.
Use the defendant’s own safety principles and guidelines against them.

An example of a questionable trivial defect involves a slab of public sidewalk that was raised by a tree root. If you can establish the condition was dangerous, then you must prove that a government entity is responsible for creating it, knowing about it, or should have known about it. Your lawyer can request records from the applicable public works department. A skilled trip and fall lawyer, like Michael Joe Silva, knows how to fight against a trivial defect defense. This is a complex legal issue, and you shouldn’t attempt to resolve your case without a lawyer.

Exceptions To The Trivial Defect Defense

The trivial defect doctrine is a fact-based test, meaning the court will determine whether it applies on a case-by-case basis. In cases where the area is well-lit, you are familiar with the area, and nothing was limiting you from seeing the potential trip hazard, the court will most likely assign blame to you.

However, if it was dark, the lighting was inadequate, you were not familiar with the area, or poor weather conditions or some type of debris concealed the danger, then you can possibly overcome the trivial defect argument. If the court, in looking at all of the facts and circumstances surrounding the fall, determines there were sufficient reasons you were not able to see and avoid the condition, you will be allowed to pursue the case further.

How A Lawyer Can Help In A Trip And Fall Case

To win a case and receive fair compensation for the injuries obtained due to a trip and fall, it is best to s peak to a qualified attorney . An attorney can help determine if the factors in your case are sufficient to prove that the defendant was aware, or should have been aware, of the danger, or if the defendant created the dangerous conditions. An attorney can prepare for any potential defense attempts to use the trivial defect defense to defeat the claims.

Reach out to the experienced attorneys at Silva Injury Law today if you have suffered from a trip and fall case.

Find Out How We Can Help

At Silva Injury Law, we promote healing through compassionate advocacy. With each case tailored to the individual, we look out for your best interests by evaluating your unique circumstances. Our lawyers have years of experience representing injured victims for trip and fall injury accidents in California. We can help you build a strong case against a trivial defect defense. Contact us today for a FREE in-person or remote consultation.

At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.

Trip and Fall Lawsuit Cases

Many trip and fall cases result in the injured plaintiff filing a lawsuit. For trip and fall cases in New York City, recovery will often hinge on the type of property adjacent to the sidewalk where the accident occurred. Specifically, the court will look to whether the owner of the adjacent land uses it for commercial purposes. Also, whether the owner lives in the building and whether it is a one, two, or three family structure.

How Abutting Properties Can Affect Trip and Fall Cases

For example, a woman suffered injuries when she tripped and fell on a defective sidewalk adjacent to a property in New York City owned by four individuals. The woman filed a lawsuit against the owners for her injuries. The property owners asked the judge to dismiss the case. The owners argued that, under section 7-210 of the Administrative Code of the City of New York (the Sidewalk Law), they were not liable for the alleged defect. The trial court granted the owners’ request and dismissed the trip and fall lawsuit. The injured plaintiff appealed to the Appellate Division.

New York City Administrative Code Section 7-210

On appeal, the Court explained that, in cases that result in a trip and fall lawsuit, Section 7-210 shifts liability for injuries resulting from defective sidewalks from the City to adjacent property owners. Property owners are liable for accidents caused by their failure to maintain the sidewalk. The property owner must keep the sidewalk in a reasonably safe condition.

However, the Court further noted that the owners of propertoes used only for residential purposes and occupied by up to three families are excused from this liability. The law contains this exemption for trip and fall cases due to the understanding that owners who have limited resources should not be liable for sidewalk maintenance and repair.

The Higher Court’s Decision

In this case, the Appellate Court agreed that the defendants’ property fell within the exemption. The property involved was a one-story building. One of the defendants lived in that home by herself. The family also used the building for storage of personal belongings. The owners did not use the building for commercial purposes. The Court acknowledged that a certificate of occupancy categorized the building for commercial use.

Also, that the prior owners had used the building commercially prior to 1993. However, the Court found that the defendants demonstrated that their use of the property was entirely residential at the time of the accident. Thus, the Court agreed that the defendants were exempt from liability under Section 7-210 in this trip and fall case.

In addition, the Court found that the defendants were not liable for the trip and fall accident under common-law principles. The Court found that the defendants established that they did not create the defective condition that caused the plaintiff’s accident. Therefore, the lawsuit was dismissed as there was no liability on the part of the defendants.

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Biden’s new Title IX rules protect LGBTQ+ students, but avoid addressing transgender athletes

FILE - Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden’s policy, however, is any mention of transgender athletes. (AP Photo/Patrick Orsagos, File)

FILE - House Education and the Workforce Committee Chair Rep. Virginia Foxx R-N.C., speaks on Capitol Hill in Washington, April 17, 2024. The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Foxx said the new regulation threatens decades of advancement for women and girls. (AP Photo/Jose Luis Magana, File)

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The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos , who added new protections for students accused of sexual misconduct.

Notably absent from Biden’s policy, however, is any mention of transgender athletes.

The administration originally planned to include a new policy forbidding schools from enacting outright bans on transgender athletes, but that provision was put on hold. The delay is widely seen as a political maneuver during an election year in which Republicans have rallied around bans on transgender athletes in girls’ sports.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims’ advocates, while Republicans said it erodes the rights of accused students.

The new rule makes “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said.

“No one should face bullying or discrimination just because of who they are, who they love,” Cardona told reporters. “Sadly, this happens all too often.”

Biden’s regulation is meant to clarify schools’ obligations under Title IX , the 1972 sex discrimination law originally passed to address women’s rights. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.

Among the biggest changes is new recognition that Title IX protects LGBTQ+ students — a source of deep conflict with Republicans.

The 1972 law doesn’t directly address the issue, but the new rules clarify that Title IX also forbids discrimination based on sexual orientation or gender identity. LGBTQ+ students who face discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.

Many Republicans say Congress never intended such protections under Title IX. A federal judge previously blocked Biden administration guidance to the same effect after 20 Republican-led states challenged the policy .

Rep. Virginia Foxx, a Republican from North Carolina and chair of the House Education and the Workforce Committee, said the new regulation threatens decades of advancement for women and girls.

“This final rule dumps kerosene on the already raging fire that is Democrats’ contemptuous culture war that aims to radically redefine sex and gender,” Foxx said in a statement.

In the last few years, many Republican-controlled states have adopted laws restricting the rights of transgender children , including banning gender-affirming medical care for minors. And at least 11 states restrict which bathrooms and locker rooms transgender students can use, banning them from using facilities that align with their gender identity.

But the rule makes clear that treating transgender students differently from their classmates is discrimination, putting the state bathroom restrictions in jeopardy, said Francicso M. Negron Jr., an attorney who specializes in education law.

The revision was proposed nearly two years ago but has been slowed by a comment period that drew 240,000 responses, a record for the Education Department.

Many of the changes are meant to ensure that schools and colleges respond to complaints of sexual misconduct. In general, the rules widen the type of misconduct that institutions are required to address, and it grants more protections to students who bring accusations.

Chief among the changes is a wider definition of sexual harassment. Schools now must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education.

Under the DeVos rules, conduct had to be “severe, pervasive and objectively offensive,” a higher bar that pushed some types of misconduct outside the purview of Title IX.

Colleges will no longer be required to hold live hearings to allow students to cross-examine one another through representatives — a signature provision from the DeVos rules.

Live hearings are allowed under the Biden rules, but they’re optional and carry new limits. Students must be able to participate from hearings remotely, for example, and schools must bar questions that are “unclear or harassing.”

As an alternative to live hearings, college officials can interview students separately, allowing each student to suggest questions and get a recording of the responses.

Those hearings were a major point of contention with victims’ advocates, who said it forced sexual assault survivors to face their attackers and discouraged people from reporting assaults. Supporters said it gave accused students a fair process to question their accusers, arguing that universities had become too quick to rule against accused students.

Victims’ advocates applauded the changes and urged colleges to implement them quickly.

“After years of pressure from students and survivors of sexual violence, the Biden Administration’s Title IX update will make schools safer and more accessible for young people, many of whom experienced irreparable harm while they fought for protection and support,” said Emma Grasso Levine, a senior manager at the group Know Your IX.

Despite the focus on safeguards for victims, the new rules preserve certain protections for accused students.

All students must have equal access to present evidence and witnesses under the new policy, and all students must have equal access to evidence. All students will be allowed to bring an advisor to campus hearings, and colleges must have an appeals process.

In general, accused students won’t be able to be disciplined until after they’re found responsible for misconduct, although the regulation allows for “emergency” removals if it’s deemed a matter of campus safety.

The American Council on Education, which represents higher education institutions, praised the new guidelines. But the group criticized the Aug. 1 compliance deadline. The timeline “disregards the difficulties inherent in making these changes on our nation’s campuses in such a short period of time,” ACE said in a statement.

The latest overhaul continues a back-and-forth political battle as presidential administrations repeatedly rewrite the rules around campus sexual misconduct.

DeVos criticized the new rule, writing on social media site X that it amounts to “ an assault on women and girls .” She said the new procedures for handling sexual assault accusations mark a return to “days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice,” she wrote.

The DeVos rules were themselves an overhaul of an Obama-era policy that was intended to force colleges to take accusations of campus sexual assault more seriously. Now, after years of nearly constant changes, some colleges have been pushing for a political middle ground to end the whiplash. ___

Associated Press writers Geoff Mulvihill, Annie Ma and Moriah Balingit contributed to this report.

The Associated Press’ education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org .

Biden, after meeting with families of officers killed in NC, says the nation is grieving with them

President Joe Biden salutes Charlotte-Mecklenburg Police Department Chief Johnny Jennings, as...

CHARLOTTE, N.C. (AP) — President Joe Biden said Thursday he was praying for loved ones and all those left behind after he met privately with the families of law enforcement officers shot to death on the job. The visit came just a week after he sat down with the grieving relatives of two cops killed in upstate New York.

“The entire nation is grieving with these families,” he said from his second stop of the day in Wilmington, North Carolina, where he was announcing new measures to cut lead pipes from the water supply.

Biden detoured to Charlotte for the visit that took place with little fanfare behind closed doors, as the White House wanted Biden to be seen as respecting the privacy of grieving families and avoiding the appearance of using their grief for political purposes. He also met with officers wounded during the shooting, and wished them a fast recovery.

The president took a short motorcade across the airport to the North Carolina Air National Guard base to meet the group, which included elected officials . The location was an alternative to traveling into the city and was chosen as the least taxing one for local law enforcement officers who are still reeling from the deaths but who would have a hand in securing the president’s trip.

“The men and women of law enforcement, you represent the best of us,” he said from the podium at the second stop.

Once again, Biden was seeking to be an empathetic leader for a community reeling from gun violence, while also calling for stricter rules around firearms and more money for law enforcement on the front lines.

Four officers were killed this week in North Carolina, when a wanted man opened fire on a joint agency task force that had come to arrest him on a warrant for possession of a firearm as an ex-felon, and fleeing to elude capture. They were: Sam Poloche and William Elliott of the North Carolina Department of Adult Corrections; Charlotte-Mecklenburg Officer Joshua Eyer; and Deputy U.S. Marshal Thomas Weeks.

Four other officers were wounded in the gunfire; the suspect was killed. An AR-15 semi-automatic rifle, a 40-caliber handgun and ammunition were found at the scene.

An AR-15 is among the weapons most often used in mass shootings, and it’s the type of gun Biden is talking about when he says the U.S. should ban " assault weapons .” Congress passed the most comprehensive gun control legislation in decades in 2022, after a horrific school shooting in Uvalde, Texas. But it didn’t go far enough, Biden often says.

And as he campaigns for the 2024 election, Biden has made curbing gun violence a major campaign platform, elusive to Democrats even during the Obama era , as he fends off attacks from Republican challenger Donald Trump that he is soft on crime and anti-police.

“We have to get them the resources they need to do their job,” Biden said of law enforcement. “And keep the weapons of war” out of the wrong hands.

The violence came just about two weeks after another fatal shooting of law enforcement officers in Syracuse, New York; Lieutenant Michael Hoosock and Officer Michael Jensen were killed while looking for a driver who fled a traffic stop. After his speech, Biden met relatives of both of the officers’ families.

Biden had already been scheduled to come to Syracuse to celebrate Micron Technology’s plans to build a campus of computer chip factories , but the local police union said officers were still coming to terms with the deaths and weren’t happy with the president’s trip and had hoped he would delay.

On Thursday from Wilmington, Biden announced his administration was providing states with an additional $3 billion to replace lead pipes across the country, building on $5.8 billion for water infrastructure projects around the country announced in February.

“There’s no safe level of lead exposure,” he said. “None. The only way forward is to replace every lead service line that connects clean water.”

Money for the pipe replacement comes from one of the administration’s key legislative victories, the $1 trillion bipartisan infrastructure law that Biden signed in 2021. The infrastructure law includes over $50 billion to upgrade America’s water infrastructure.

The new round of funding will help pay for projects nationwide as Biden seeks to replace all lead pipes in the country.

“We’re going to get it done,” he said.

EPA estimates that North Carolina has 370,000 lead pipes, and $76 million will go to replace them statewide. Biden also will meet with faculty and students at a Wilmington school that replaced a water fountain with high levels of lead with money from the law.

Associated Press writers Zeke Miller, Matthew Daly and Josh Boak contributed to this story.

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Local election results: Labour and Tories now think Khan has won in London, amid 'wild' rumours; Cooper says party 'needs to reflect' on Gaza after council election results

The Tories suffer historic losses in the local elections, while Labour admit the party's stance on Gaza was "obviously" a factor in its failure to do even better. Meanwhile, both main parties now think Sadiq Khan has won a narrow victory in the London mayoral race, despite "wild rumours".

Friday 3 May 2024 22:55, UK

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Labour and Tories now think Sadiq Khan to win narrowly in London - amid 'wild' rumours
Labour shadow minister says 'we need to reflect' over Gaza stance
Labour wins mayoralty in PM's own backyard
Relief for PM as Tory mayor clings on in key race
But Sunak admits overall results are 'disappointing'
Tories could be 'almost annihilated' at general election
Starmer hails Labour wins - but admits Gaza cost him votes
And party fears possible result to come in London mayoral contest
Vote 2024: Council results in full | Mayoral results as they happen | Labour will fail to gain overall majority based on council election results - projection
Live reporting by Katie Williams , Emily Mee , and (earlier) Andy Hayes and Ben Bloch

The final election result for today has been declared - but there will be more to come tomorrow.

Seven mayoral contests will be announced: London, West Midlands, Greater Manchester, West Yorkshire, Liverpool City Region, South Yorkshire and Salford.

Fourteen London constituencies will also be announced, along with the London-wide top-up list that will elect another 11 assembly members.

Plus, four councils should be declared - North Tyneside, Stroud, Warrington and Epping Forest, where most of the results have already been announced.

A further eight police and crime commissioners will be revealed.

Over the course of last night and today, Labour has gained nine police and crime commissioner (PCC) posts from the Conservatives.

The party also held five posts, with another 10 to be declared over the weekend.

This means Labour holds 14 PCCs and the Conservatives 12, while Plaid Cymru has retained Dyfed-Powys.

While these elections get much less attention than those for mayors, councils and the London Assembly, they could be significant as they include many of the shires that traditionally lean towards the Conservatives.

We went into this set of local and mayoral elections with two big questions: Is Labour on course for a majority and how bad is it going to be for Rishi Sunak?

On the Sunak question, it's a very clear-cut story.

The Tories are having as bad a night as their worst nightmare.

There is a 19-point drop in the Conservative vote compared with the 2019 general election - one of its worst performances ever.

But it's not an all-out win for Labour, either.

Read more from our political editor Beth Rigby below...

The council is now under no overall control, with the Liberal Democrats, Labour and independents making gains.

The Tories had held Gloucester for 20 years.

Boundary changes in the area have helped the Liberal Democrats and meant all seats were up for election this year.

It's been a bruising day for the Conservatives as the party looks on track for its worst local election result ever.

Labour has taken control of a string of Leave-voting councils, secured victory in the mayoral election in Rishi Sunak's back yard and won the Blackpool South by-election.

Our economics and data editor Ed Conway picks out the example of Rushmoor - a typically Tory-voting council which Labour has taken control of for the first time - as an example of a significant Labour win.

"Even in the late Tony Blair period... the Labour share was always low and it's just climbed up in the last few elections," he says.

"We're seeing here unprecedented results, that's underlining the national swing."

Despite Labour's success, however, there are "other stories going on", Ed notes, with the party's vote in areas with larger Muslim areas falling, potentially as a result of its stance on Gaza.

It's a huge moment for the Lib Dems as they gain Dorset Council from the Conservatives.

The party took 13 seats from the Tories to secure an overall count of 42.

If you're just catching up, our political correspondent Serena Barker-Singh can get you up to speed in the space of a minute.

There's just a handful more council results set to be declared in what has been a bumper day of local elections.

We've had a few more through this evening - including a gain for the Lib Dems from no overall control in Tunbridge Wells.

The party won eight seats there, while the Tories lost three and Labour lost one.

The Lib Dems have also held Woking council after gaining four seats.

Elsewhere, Labour has held West Lancashire , while Elmbridge , Bristol and Cherwell remain under no overall control.

In the days running up to the elections, Number 10 was verging on the unsubtle.

Senior Downing Street figures were conceding that should Ben Houchen lose the mayoralty of the Tees Valley Combined Authority to Labour, there would be a challenge to Rishi Sunak. At that point they would be unable to stem the tide of letters sufficient to trigger a vote of no confidence.

In turn, this might have triggered an unwanted and catastrophic early election.

This is unusual behaviour - for the prime minister's closest allies to be openly speculating on his survivability - yet it is a sign of the turbulence of politics of the moment.

There was method in their madness.

Read more from our deputy political editor Sam Coates below...

People in Grimsby - one of Sky News's general election Target Towns - have been offering their views on the current state of politics in the country.

Bex Wright, who owns a barbershop in the town, tells our news correspondent Tom Parmenter that people don't "have trust in the government", while customer Matt Tucker says voters are "fed up" after being promised big changes in 2019.

You can watch the full clip below, and read all of our Target Towns coverage here .

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Nick Schroeder’s perfect day includes a show in South Paris and vintage shopping in Biddeford

The communications manager for Space and member of Mad Horse Theatre Company would also make Rockland and several Portland shops part of the itinerary.

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Nick Schroeder, 42, of Portland, is communications manager and multidisciplinary programmer for Space, a nonprofit arts venue in Portland. He’s also an actor, director and ensemble member with Mad Horse Theatre Company in South Portland. A native of Old Orchard Beach, he’s worked as a journalist and editor at several local publications.

As much as I like bopping around the state by myself, I’ll spend my perfect Maine day with my partner, Mallory, and our nearly 3-year-old toddler. The kid’s in the stage of life where she asks why to just about everything, and that question makes for good conversation.

Getting dressed (finding pants, socks, etc. and negotiating their deployment) can take a while in my house, so we’ll put on WMPG to keep the energy loose. I’ll pour a good cup of coffee, Speckled Ax Early Riser preferred , in my clunky travel mug. Then we’ll get things cracking at that one real good climbing tree in the park for a little proprioceptive rinse. The branches are real low to the ground and I don’t have to worry about my kid taking any nasty falls.

The Palace Diner in Biddeford. Shawn Patrick Ouellette/Staff Photographer

Will Zu Bakery still have croissants by now, or is that too much morning meandering? The neighbors tend to swarm the little West End spot – how is it this good? – and it can quickly sell out. If that’s the case, we’ll drive south. Actually, scratch that – Mallory will drive this leg, and I’ll bike. Our destinations will be the same, Palace Diner (in Biddeford). I’ll have the omelet du jour and those great big potatoes, and maybe a bite of my kid’s pancake – the dad handbook clearly states that you must eat your children’s leftovers. We’ll all poke our heads inside Biddeford Vintage Market and see what new vendors they’ve got (my aunt Barb runs the place with some friends) before making a quick spin into Color.Sound.Oblivion to check their newly stocked records.

The Basico – an arepa stuffed with chicken, cheese and pico de gallo – with a side of pan de bono and a cup of verduritas (spicy green sauce) from Maiz in Portland. Ben McCanna/Staff Photographer

With family who live nearby, I’ll be able to ditch the bike and hop into the car, heading north. We’ll stop in Portland to grab a couple of arepas for the road from the outrageously good Colombian food restaurant Maïz, and head to South Paris. In this fantasy, the Celebration Barn has a perfectly timed matinee show, and true to form, it’s equally enchanting for kids and adults.

The Celebration Barn in South Paris. Andree Kehn/Sun Journal

After that, we’ll drive to Rockland (here’s where the kid naps) and head to a beach (any beach) before I pop into Curator , one of few consignment shops that bothers to stock nice stuff for tall fellas. Then it’s over to Rock City Cafe for a refill and a poke around Hello Hello Books behind the cafe. Last time, I found a nice used paperback of a Judy Chicago biography. Will I get this lucky again?

A stack of books at Print: A Bookstore in Portland. Ben McCanna/Staff Photographer

Returning to Portland, we’ll have had our fill of driving and Raffi sing-alongs. It’s time for our A-list East End retail trifecta – Ferdinand for handmade wonders, Starry Eyes for snazzy kids’ stuff, and Print: A Bookstore (more books!).

For dinner, the ideal is Asmara , the great Eritrean gem, where we as a family can share big communal plates of colorful food using only our hands as utensils. After we put the kid to bed, I’ll text a friend, and if his kid’s asleep, too, we can sneak out for a little nightcap at the Continental and discuss the news.

How would you spend your perfect Maine day? Send your itinerary, in 500 words or less, with a little about yourself, to [email protected] .

A Belhaven beer, a Negroni and a pint of Guinness at The Continental in Portland. Brianna Soukup/Staff Photographer

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Slips, Trips and Falls Lawyer Lexington KY
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Who is Liable for Trip and Fall Injuries?
The property owner may also be ordered to repair or fix the dangerous condition that led to the injury. In order to avoid the court system, the property owner and the injured party may come to a trip and fall settlement. This would be an amount of money exchanged for the forfeiture of the right to sue in court.
Slip And Fall Lawsuit Guide 2024
Yes, most slip and fall cases, and most personal injury cases in general, settle out of court. Estimates vary slightly, but more than 90% of cases reach a resolution through settlement rather than ...
What You Must Prove to Win Your Slip and Fall Lawsuit
To win a slip and fall claim, you need to establish the property owner's liability for an unsafe condition. Proving liability for a slip-and-fall accident means showing that the property owner negligently caused, or negligently failed to repair or remove, a dangerous condition on the property. Common kinds of slip-and-fall accidents include ...
How to Prove Slip and Fall Injury Liability
Proving a slip and fall case usually means showing that someone (like a property owner or store owner) was somehow negligent. A negligent/not negligent finding often focuses on whether the defendant had notice of a dangerous condition, and whether their response to it was reasonable. Get the compensation you deserve.
Establishing Negligence In Trip And Fall Cases: A Legal Guide
Learn how to establish negligence in a trip and fall case, including key elements of duty of care, breach of duty, causation, and damages. Understand different types of negligence and the legal process to protect your rights and secure compensation. ... Law Office of Frank J. Cassisi, P.C. • 155 First Street Suite 101 • Mineola, New York ...
All About Winning a Slip or Trip and Fall Lawsuit
Broken arms, wrists, or fingers. A slip and fall accident is caused when an individual slips and falls on a slippery floor. The slippery floor may be caused by ice, water, excess moisture, or another slippery condition. A trip and fall accident is caused when there is a defect in the floor such as an unrepaired hole, a protruding board or wire ...
An Honest Evaluation of a Slip and Fall Case
Accurately Determining a Slip and Fall Case's Value Contrary to the Arnez case, there are many trip-and-fall cases in which severe and life-changing injuries do occur. When someone trips and falls and really does get hurt, they may suffer a traumatic brain injury, spinal cord injury, broken bones, or many other types of injuries.
Slip and Fall Accident Law
Slip and Fall Accident Law. Many people are injured each year because they slip on a wet floor, tumble down a defective staircase, or trip on uneven ground. When a visitor slips and falls on somebody else's property and is injured, he or she may be able to bring a premises liability lawsuit against the property owner or occupant to recover ...
Slip and Fall Accidents
Many personal injury cases arise from slip and fall accidents. It seems trivial, but occasionally, people slip or trip and suffer significant injuries. The law basically says that if you slip or trip due to another party's carelessness, that party is liable for any resulting injuries. The legal concept at play in these cases is premises ...
Slip and Fall Accidents Overview
These personal injury law cases usually fall under a broader category of premises liability claims. Slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else. The property owner may be held legally responsible for hazardous conditions leading to harm. Many dangerous conditions can cause someone to ...
How to Prove Negligence in a Trip and Fall Case
Proving negligence in a trip and call case requires that the victim show: Duty of Care. The defendant owed the victim a duty of care to act as a reasonably prudent person under the circumstances. Breach. The defendant breached the duty of care. Injury. The plaintiff suffered from an injury. Causation.
Defenses in Slip and Fall Lawsuits
Common Procedural Defenses. 1 The plaintiff sued the wrong defendant. 2 The complaint was filed after the statute of limitations or notice period expired. A premises liability case also may be dismissed if the plaintiff filed it outside the statute of limitations or a government notice period. These time restrictions are generally strictly ...
Issues to consider when litigating a sidewalk case
If the trip and fall occurs as a result of a tree root problem, and the tree belongs to the city, then you have to look at the city ordinance to see whether it has clear and unambiguous language, making the homeowner liable for repairs and maintenance. ... Case law indicates local ordinances cannot be inconsistent with state law as established ...
PDF Litigating a Slip, Trip and Fall Case
4. Use of Experts. Proof of the slip, trip and fall case sometimes involves only Common law negligence principles, such as an accident involving a large patch of ice in a poorly maintained parking lot or on an unsalted sidewalk. You probably won't need an expert in this scenario.
Slip and Fall Injury Settlement Amounts and Payouts
So, for example, if you have $10,000 in total damages, but are assigned 25% fault for the accident, then you'll be entitled to a $7,500 court award. These shared fault rules are set by state law, and judges are required to apply them in the rare event that your slip and fall case goes to trial.
How To Choose A Slip-and-Fall Lawyer
Slip-and-fall cases are fall under a body of law called premises liability law or tort law. This law applies if you slip on someone's property when you are not at work. Make sure the lawyer you ...
Open and Obvious Defense in Trip and Fall Injury Cases
Open and Obvious Defense in Trip and Fall Injury Cases. In a personal injury case, a defendant may attempt to use what is called the "open and obvious" rule as a defense. The "open and obvious" rule is an exception to premises liability law, which can be utilized as a defense by a property owner to explain why they should not be held ...
Differences Between Trip and Fall and Slip and Fall Claims
Slip and falls are caused by slick surfaces and victims usually fall backward. Trip and falls are caused by obstacles that trip up a person and make them fall forward or to the side. As with all personal injury claims, the value of a trip and fall case largely depends on the specific facts of the case.
What is a trip and fall case?
A trip and fall case is similar to a slip and fall case in that several elements must be proven. In order to have a successful case, a victim must be able to show the court that: You own the property; You did not maintain the property in such a way that it was reasonably free of hazards; They tripped and fell on your property
11 Real Life Slip and Fall Case Results
That's why you need a skilled personal injury lawyer in your corner. With offices in Connecticut, Massachusetts, Vermont, New Hampshire, New York, and Florida the Haymond Law Firm has the resources to aggressively fight for your interests. For a free consultation, call us at 1-800-HAYMOND (1-800-429-6663).
Trivial Defect Defense in Trip and Fall Injury Case
A "trivial defect" in California is generally understood to be when the change in elevation of a walkway is 3/4 of an inch or less. However, some courts in California have held that a change in elevation of 1.5 inches or less is trivial. What this means in a trip and fall case is that if you trip and fall over a raised portion of a walkway ...
Slip and fall
Law portal. v. t. e. A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. [1] A person who is injured by falling may be entitled to monetary compensation ...
Trip and Fall Lawsuit Cases
The property owners asked the judge to dismiss the case. The owners argued that, under section 7-210 of the Administrative Code of the City of New York (the Sidewalk Law), they were not liable for the alleged defect. The trial court granted the owners' request and dismissed the trip and fall lawsuit.
Biden's new Title IX rules protect LGBTQ+ students, but avoid
The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday, April19, 2024, by the Biden administration. Notably absent from Biden's policy, however, is any mention of transgender athletes. (AP Photo/Patrick Orsagos, File)
Biden adds stop to North Carolina trip to visit with families of fallen
Biden adds stop to North Carolina trip to visit with families of fallen law enforcement officers. FILE - President Joe Biden delivers remarks on the CHIPS and Science Act at the Milton J ...
Local election results: Keir Starmer hails 'seismic' Blackpool South by
The Conservatives are digesting another by-election defeat this morning, this time in Blackpool South (see 04.46 post). We've now had some reaction from the party.
Nick Schroeder's perfect day includes a show in South Paris and vintage
Getting dressed (finding pants, socks, etc. and negotiating their deployment) can take a while in my house, so we'll put on WMPG to keep the energy loose. I'll pour a good cup of coffee ...

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