Premises liability cases such as a slip, trip, and fall, will often occur when a property owner fails in their duty to properly care for their walkways. Common situations include: slippery surfaces, uneven walkways, poorly marked changes in elevation, or improper hazard identification.

However, not all slips, trips, and falls are the fault of a business owner. Business owners should be prudent in providing a safe walking and working surface for their invited guests and employees and can do so easily and affordably. When business owners fail to provide this, slips, trips, and falls lawsuits may result.

A slip, trip, and fall is a specific type of personal injury claim that, when pursued via the legal system, is referred to as "Tort".

There are four elements to a tort, all of which must be present before the court can order a remedy:

1.   Duty: The defendant must owe a legal duty to the victim. A duty is a legally enforceable obligation to conform to a particular standard of conduct or "standard of care."

2.  Breach of Duty: The defendant failed in their duty to provide a reasonable standard of care.

3.  Causation: The breach was the cause of the person's injuries. The causation does not have to be direct. The Defendant's act could have lead to the Plaintiff's injury or what is often called "proximate cause."

4.  Injury: There must be an injury. In most cases involving a slip, trip, and fall, the injury is either physical and/or financial.

 

                             

 

                           

 

 

 

What Does OSHA Have to Say About Walkway Safety?

www.osha.gov/pls/oshaweb/owadisp.show_document

 

What Does The ADA Have to Say About Walkway Safety?

www.access-board.gov/adaag/about/bulletins/surfaces.htm

 

Slip-and-Fall Jury Verdict's

http://www.jvra.com/Verdict_Trak/professional.aspx?search=374