Slip-and-fall and trip-and-fall accidents are common types of premises liability claims. Although the terms are often used interchangeably, they describe different ways in which a person can lose their balance and become injured. Understanding the difference between slip-and-fall and trip-and-fall accidents can help accident victims recognize what evidence may be important as well as the factors that determine whether another party may be legally responsible for their injuries. Property owners, managers and businesses, etc. have a responsibility to maintain reasonably safe premises and address dangerous conditions that they know about or should have known about.
What is a Slip-and-Fall Accident?
A slip-and-fall accident generally occurs when a person’s foot unexpectedly loses traction with the walking surface. Instead of encountering a physical obstruction, the person may slide or lose their footing because the surface is slippery or otherwise provides insufficient traction.
Common causes of slip-and-fall accidents include:
• Spilled liquids
• Wet floors
• Snow, ice or rainwater
• Grease or oil
• Cleaning products
• Recently mopped floors without proper warnings
• Loose or slippery flooring materials
• Polished surfaces that create unsafe conditions
What is a Trip-and-Fall Accident?
A trip-and-fall accident occurs when a person’s foot encounters an object, uneven surface or other some other that interrupts their normal walking motion. Unlike a slip, where the foot loses traction, a trip generally happens because something interferes with the person’s step.
Common causes include:
• Uneven sidewalks
• Cracked pavement
• Potholes
• Raised sections of flooring
• Broken stairs
• Loose carpeting or mats
• Objects left in walkways
• Electrical cords
• Debris
• Poorly maintained walkways
• Changes in floor elevation
The Main Difference Between Slips and Trips
The simplest way to distinguish the two types of accidents is to consider what caused the person’s foot to lose balance. In a slip-and-fall, the foot unexpectedly slides because there is insufficient traction. In a trip-and-fall, the person’s foot encounters an obstruction or change in elevation that interrupts their normal stride. The distinction can matter because the evidence necessary to establish liability may be different.
A slip-and-fall investigation might focus on the substance or condition that caused the walking surface to become slippery, how long the condition existed, whether employees knew about it or should have known about it and whether warning signs were posted. A trip-and-fall investigation may instead focus on measurements of an uneven surface, photographs of the defect, maintenance records, inspection procedures, prior complaints, and whether the dangerous condition was reasonably foreseeable.
What Evidence Can Help Prove a Fall Accident?
Evidence can be extremely important in slip-and-fall or trip-and-fall cases. Pictures (photos and video) showing the incident and the surrounding area can help establish the location and circumstances of the accident. Other potentially important evidence includes surveillance video, incident reports, witness statements, maintenance records, inspection logs, cleaning records, photographs, property-management records and communications about the dangerous condition.
Medical documentation is also important. Emergency-room records, physician reports, diagnostic imaging, treatment records, medical bills and other documentation can help establish the nature and extent of injuries.
Liability depends on the circumstances and the applicable law. Potentially responsible parties can include property owners, managers, businesses, landlords, property management companies, contractors, government agencies, or other entities responsible for maintaining a particular area. In many cases, an important question is whether the responsible party knew about the dangerous condition or should have known about it.
Contacting an Experienced Lawyer
If you were involved in a slip-and-fall or a trip-and-fall accident as a result of someone else’s negligence (carelessness), please remember that you have rights. Some of the damages that victims of such accidents can claim include, but are not limited to, medical expenses, loss of wages and benefits, cost of hospitalization, surgery, physical therapy, past and future pain and suffering, permanent injury, etc.
For over 54 years, the very experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm have established a proven track record of helping injured victims get fair compensation for their losses. Our skilled attorneys can help you better understand your legal rights and options and will fight hard to recover compensation for you. It is in the best interest of injured victims and their families in such cases to contact a very experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident. Our law firm recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus, although there was only a 1 million dollar insurance policy and we got $500,000 above that insurance policy.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle dooring accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury cases, negligence cases, motor vehicle accidents, slip-and-fall accidents, trip-and-fall accidents, ceiling collapse cases, lead poisoning, paraplegia cases, quadriplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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