Slip and fall accidents are the bane of landlords and retail businesses alike. They can result in anything from small personal injury cases to major settlements, and they may hit at any time. They’re a frequent source of faked injuries as well. But what is a slip and fall accident, and when are you liable?
What Counts as a Slip and Fall Accident?
A slip and fall accident occurs when someone slips and falls on someone else’s property. This category can also include someone tripping on something on the property. You only have to worry about liability when the accident occurs on your property and if you’re liable for the damages.
When Are You Liable for a Slip and Fall Accident?
There are several conditions required for you to be liable for a slip and fall accident. The person must have had a legitimate reason to be on the property when the injury occurred. This is why you’re not liable for injuries if someone was breaking and entering or trespassing, assuming there were clear trespassing signs up. A slip and fall accident must result in damages severe enough to warrant a claim. Someone slipping and falling on the sidewalk and breaking a leg could result in a claim, but there isn’t an issue if they got up with a torn dress. And the person only has a case if you are in some way negligent or caused the slip and fall accident.
If you didn’t shovel the snow from the sidewalk as required and slipped, they could have a case. If they slipped on something someone just threw in front of them, it is the fault of the person who triggered the fall. If they slip on stairs you are supposed to de-ice for tenant safety, you’re liable. If they slip on dog poop someone else didn’t clean up, you’re not liable unless it was your dog or your obligation to clean up the dog poop.
What Should You Do After a Slip and Fall Incident?
If you yourself are injured, you should seek medical attention. In general, you should see at least a doctor within 72 hours, if you want the claim to be taken seriously. Report the injury to the necessary authority. For example, inform the landlord that you slipped on an icy stairwell and fell. Document what happened with notes and pictures. If there are significant medical bills, we’d recommend contacting an attorney.
What should you do if you are a business owner or property owner and people are reporting slip and fall accidents? Clear the walkways. Clean up spills in the aisles. Have routine cleaning so there is less potential for slips and falls, including putting up warning signs where someone has mopped. You may need to put up surveillance cameras, if people are moving signs and staging a slip and fall hoping for a payout. Don’t assign blame or apologize. Just document what you’re doing and what you did in response to the claim. Pull the footage, if you have it, and hire an attorney to defend you. Even little claims will increase your property insurance rate, while large claims will be expensive if you lose.
