Slip and fall accidents are something that isn’t often under a victim’s control. Depending on the severity, injuries can range from cuts and scratches to life-threatening injuries. The other unfortunate thing is these accidents can happen in various commercial settings including offices, retail stores, warehouses, entrances, etc.
Statistics reveal that slip and fall injuries cause a lot of accidents, hospitalizations, and even deaths each year. According to NCHS, 227,039 unintentional injury deaths happened in 2022.
Hence, understanding the legal responsibilities and liabilities surrounding slip and fall hazards in commercial properties becomes crucial.
Understanding Premises Liability
Premises liability is a legal term where property owners and occupiers are held responsible for injuries that occur on their property. In a commercial context, property owners are responsible for making sure people are safe when they enter the premises.
The degree of responsibility a property owner has depends on who the visitor is. In general, visitors are classified into three different groups:
Invitees
These are individuals (clients) who enter the property with the property owner’s permission, often for business purposes. Property owners are obligated to take the greatest care of these individuals.
In this regard, the property owners are responsible for inspecting unsafe areas. They further need to warn the individuals about potential hazards and take appropriate measures to fix or eliminate risks.
Licensees
Licensees are people who have the property owner’s consent to be on the property but not for business purposes. This group includes vendors, delivery personnel, maintenance workers, etc.
Even though property owners are responsible for licensees’ duty of care, it isn’t as strict as the previous one. However, you as a property owner must warn them about the hidden risks associated with the property.
Trespassers
These individuals break into the property without permission. They could be thieves, vandals, or the ones in general who don’t take permission before entering the property.
In this case, the property owners are least responsible when it comes to trespassers’ duty of care. Trespassers should not be subject to intentional harm under the limited duty of care.
Proving Negligence in a Slip and Fall Case
To prove negligence in a slip-and-fall case involving commercial property, the four key aspects of the case need to be identified. Here are the points you need to establish as a victim seeking compensation:
Duty of care
The property owner or an occupier is bound to be responsible for maintaining relatively safe conditions for visitors. As discussed earlier, the duty of care varies from one individual to the other depending on the visitor’s status.
For instance, the responsibility towards invitees (customers or clients) is higher compared to the trespassers.
Breach of Duty
This factor comes into the picture when property owners fail to meet the required standard of care they are responsible for. You can prove this by presenting evidence like broken steps in an office building, poor lighting in a warehouse, etc.
Causation
To establish this in your favor, you need to prove that the property owner’s negligence is the main reason behind your slip and fall accident and resulting injuries. In simple words, you need to prove that the unfavorable conditions inside the property were the main cause of your fall.
Damages
Damages in a slip-and-fall accident refer to the losses you have incurred post the accident because of the property owner’s negligence. All the factors like hospitalization, surgeries, medications, therapy, current and future income losses, and damage to personal belongings fall under damage.
The Vermont Department of Health reports that the approximate hospital cost for a fall injury comes close to $30,000. So once you have proved these key factors that are a must for a legal claim, you can move to gathering evidence.
Don’t face the legal battle alone. A knowledgeable slip and fall lawyer can manage your case, push back against lowball insurance offers, and demand fair compensation for your injuries.
Gathering Evidence
Before we move on to the kind of evidence you could potentially gather, you need to understand that collecting evidence isn’t easy. You cannot gather evidence for a slip-and-fall case on a commercial property all by yourself. Proving negligence, compiling solid proof, and presenting a compelling case for compensation can be overwhelming.
Hence, consulting a personal injury law professional is ideal for slip and fall accidents caused by a property owner’s negligence. These are experienced attorneys who are good at understanding the complexities of a case and the legal system. Forbes reports that close to 95% of civil cases end in settlement at some point.
They can make things rather easy for you by gathering the required evidence, evaluating your case, and fighting for your deserved compensation. Freeman Law Firm, Inc. advises that you should protect your rights and get compensated if you’ve been injured by someone else’s negligence.
Having said all this, let us shift our focus to the actual topic. Well, you can start gathering evidence by documenting the accident scene inside the commercial property premises. It could be the spot where you suffered injuries like a wet floor, poor lighting in a warehouse, and other relevant details.
You can also think of collecting the surveillance footage that could have potentially captured the floor condition before the accident.
Next, you can move on to the witness testimonies where you can collect the statements from people who have witnessed your accident. Similarly, collect the medical evidence that has detailed documentation of your injuries, treatments, and ongoing care from the hospitals.
Lastly, make sure to get hold of the particular commercial property maintenance records. These records would be crucial to prove that the property owner knew about the unsafe property condition and failed to address it.
How to Prevent Slip and Fall Accidents in a Commercial Property?
As a property owner, you must do your bit to make your premises safe. Preventing slip and fall accidents on commercial properties requires proactive measures and diligent maintenance. Even though it’s hard to eliminate all risks, the following strategies could help minimize them:
Regular Inspections
It’s important to carry out routine inspections on both inside and outside parts of your commercial property. Keep an eye out for areas at risk of causing injuries. The areas such as entryways, restrooms, staircases, elevators, parking lots, etc.
You can also look for loose floorboards, uneven surfaces, or dusty areas that could cause slipping.
Proper Maintenance
Maintaining your property in an optimum condition is always key to avoiding potential accident risks. Fixing leaky sinks, repairing damaged steps, and cleaning up parking lots are all a part of maintaining your property.
Additionally, regular floor cleaning and maintenance can make a huge difference in preventing slippery surfaces.
Adequate Lighting
Ensure that all the main areas of the property are well-lit. Areas such as pathways, hallways, and outdoor spaces are key places that require sufficient lighting. This way you can prevent a potential fall accident caused by poor visibility.
In a nutshell, slip-and-fall accidents at commercial properties are serious and can have long-term consequences. It’s important to know the legal nuances around these incidents to protect your rights. Commercial property owners can make their properties safer for themselves and their guests by identifying potential hazards and preventing them.
As a victim, you can’t handle slip-and-fall cases on your own because they are complex and challenging. Gathering evidence, proving negligence, and claiming compensation can be overwhelming processes. Therefore, hiring a personal injury attorney is highly recommended.
