A same-level fall could result in bruises, but it could also potentially cause life-altering injuries. People could break bones, injure their backs or sustain traumatic brain injuries (TBIs). 

Anyone who may have an injury that requires medical attention after a slip-and-fall at a retail shop may want to complete the three crucial steps below. 

1. Document the hazards

To bring a successful premises liability lawsuit, an injured person must prove that the property owner or business was negligent. Documenting a spill left unattended or damaged flooring by taking pictures or recording video can help validate the cause of the incident later. 

2. Report the fall at the store

Someone who falls may feel embarrassed after a slip-and-fall and may want to move on with their day as quickly as possible. People who might require compensation later likely need to report the matter to management. 

That way, there are internal records of the incident. The business can also take appropriate steps to preserve security camera footage and other evidence. 

3. See a doctor promptly

A delay in diagnosis could cause issues later if a person seeks compensation for their injuries. Seeing a doctor the same day as the slip-and-fall makes it easier to prove that the unsafe property conditions were the cause of the injuries. 

Taking the right steps can make it easier for people to file premises liability lawsuits after slip-and-falls cause serious injuries. Injured people frequently need guidance as they negotiate insurance matters or prepare for a premises liability lawsuit.

Whether the fall occurs in a public building, workplace or private residence, victims may have a personal injury claim. Understanding the potential injuries can help individuals seek timely medical attention and take appropriate steps toward recovery. 

1. Head injuries

When someone falls backward or forward, the impact to the skull can range from mild concussions to severe traumatic brain injuries (TBI). Symptoms may include confusion, nausea, blurred vision or even unconsciousness. In more serious cases, individuals may have to grapple with long-term cognitive limitations or mobility challenges. Prompt medical intervention is essential for any suspected head trauma. 

2. Fractures and broken bones

Falls on stairs commonly lead to fractures or broken bones due to the abrupt impact against hard surfaces. The wrists, arms, ankles and hips are particularly vulnerable as people often try to break their fall using their hands or land awkwardly. Older adults, especially those living with osteoporosis, are at greater risk of serious breaks like hip fractures. These injuries may require victims to explore surgery and long-term rehabilitation. 

3. Back and spinal cord injuries

A fall that results in a sudden jolt or twist of the spine can lead to:

• Herniated discs
• Fractures in the vertebrae 
• Spinal cord damage 

Spinal injuries often require a combination of imaging tests, physical therapy and, in some cases, surgery. 

Staircase slip-and-falls are more than just minor mishaps; they can cause severe physical harm with lasting effects. Individuals who sustain injuries from these accidents can hold the property owners accountable for any actions that triggered the slip-and-fall.

It’s possible that an incident in a store may lead to minor injuries, but there have been cases of catastrophic and even fatal injuries in some cases. Some of the more common hazards shoppers face include:

Falling objects

Shelves that are overloaded or poorly stacked can lead to falling merchandise. Large or heavy items falling from overhead displays can cause head and neck injuries. In some cases, the items may knock a person off balance.

Slip and falls

Spilled liquids, freshly mopped floors without warning signs, torn carpets or uneven surfaces can all cause a shopper to fall. These incidents can sometimes result in broken bones, head injuries or back pain that can linger long after the fall.

Uncontrolled crowds

Rowdy crowds, which are common during major sales, can lead to conditions that are similar to stampedes. This can cause victims to be trampled if they’re pushed or fall. 

Anyone who suffers an injury while shopping should ensure they get prompt medical attention. They may decide to seek compensation for the damages they’re dealing with. The claim can include recovery for medical bills, missed wages and other expenses that are related to the injury. It may benefit victims to work with someone who’s familiar with these matters. 

The WHO estimates that about 684,000 people worldwide lose their lives to falls each year. While most of these fatalities occur in other parts of the world, the United States has its share of fatal slip-and-fall accidents.

On a similar note, over 37 million people worldwide must get medical attention because of a fall.

Age is the primary risk factor with respect to falling.

In the United States, those over 60 or more prone to serious injuries like broken bones, traumatic head injuries and spinal cord injuries due to falling. On the other hand, children are also more prone to serious falls.

Many times, children simply do not perceive when they are in danger of a serious fall, and even responsible parents and caretakers cannot supervise the kids in their care 100% of the time.

Other significant risk factors include working in a job that requires employees to work from heights or other precarious locations.

Unmanaged medical conditions, including medication side effects, can cause falls.

Another risk factor is when properties are unsafe.

Business owners and others can do a lot to prevent falling just by making sure that all people, including those who might not have the best motor skills or eyesight, can safely navigate their property.

Victims of serious falls in Maryland and Northern Virginia have legal options

After a serious fall, a victim or their family may have significant medical bills, lost wages and other costs and expenses. Serious falls also carry a hefty non-economic toll in the form of pain and emotional distress.

Another person or business may be responsible to pay for these losses if their negligence contributed to the victim’s fall. Victims should make sure they understand their legal options for obtaining compensation.

Generally, store owners are required to:

• Conduct reasonable inspections of the premises on a regular basis and identify dangerous conditions on the property.
• Take reasonable steps to remedy the dangerous conditions found on the premises.
• Warn customers and others of the dangerous conditions on the premises.

A person injured in a slip-and-fall accident at a retail store may be able to file a personal injury claim against the store owner for damages on the basis of premises liability. These damages may cover the victim’s medical expenses, lost wages, and pain and suffering.

Proving that a store owner is at-fault for your slip-and-fall may require you to establish:

• Dangerous condition: There was a dangerous or hazardous condition on the property that caused your accident (e.g., slippery floor, debris in the aisles, or broken steps).
• Actual or constructive notice: The store owner knew or should have known of the dangerous condition that caused the accident.
• Failure to take reasonable action: The store owner failed to take reasonable steps to fix the problem or warn of the problem.
• Damages: The accident caused you to suffer injuries and/or damages.

Many slip-and-fall accident victims are partially responsible for their own accident. In contributory negligence jurisdictions such as Maryland and Washington DC, if you are partially liable for your own accident, you will be barred from recovering damages. Store owners will go out of their way to prove that you contributed to your own accident.

Your job will be to present evidence, such as accident reports, eyewitness testimony, and photos and videos from the scene to establish that the store owner should be held liable for your accident.

Unfortunately, slip-and-fall accidents in real life are not comedic. In many cases, victims experience serious, or even catastrophic injuries.

Slip-and-falls

At Lewis & Tompkins, P.C., our law firm understands the devastation and losses a serious injury can cause. A catastrophic injury could change a victim’s life completely, as they now require ongoing medical care. As such, our skilled attorneys take the time to assess the matter, understanding the details of the injury, the parties involved and the full spectrum of losses suffered by the injured victim.

Slip-and-fall accidents are often caused by the negligence of a property owner. A risk or danger is present that the property owner should have been aware of. Due to their failure to correct it or warn others of the risks makes them responsible for the damages that resulted from a slip-and-fall.

Seeking damages

Whether it is an icy sidewalk, a spill on the floor, defective flooring, improper lighting or any other condition that could lead to a trip or slip, fall victims should understand that they have rights and options. Through a personal injury or premise liability action, the injured party could recover a wide range of losses and damages. This often includes medical bills, future medical costs, pain and suffering, lost wages and other related damages.

An unexpected and severe injury from a slip-and-fall could impact an individual and their family significantly. Thus, you should seek legal guidance about your options when it comes to holding another party liable and recovering compensation.

Slip and fall accidents are common. According to the National Flooring Safety Institute, approximately 8 million people receive emergency treatment every year after suffering a slip and accident.

Your injuries after a slip and fall accident could be serious, involving broken bones, head or back injuries. You could receive compensation through a personal injury claim, but you will have to prove negligence.

A property owner’s duty

Proving negligence requires showing that the person who owned the property had a duty to keep it safe and hazard-free. All property owners have a duty to keep their property safe, but simply showing someone owns the property your accident occurred on is not enough.

You also need to show that the property owner had control over the area and that they knew about the dangerous condition and did not take steps to fix it. This shows their duty was breached.

Establishing cause

You must show that your injury was directly caused by their failing in their legal duty. This can be more complicated than it sounds.

The property owner might argue that something you did directly caused the injury.

For example, if you slipped and fell on ice, the property owner could assert that you were wearing improper shoes. The owner might say your shoes were the direct cause of your fall, not their failure to remedy the icy conditions.

Proving damages

Finally, you must prove your damages. After your accident, keep all your medical records and take pictures of your injuries.

If you decide to file a claim after a slip and fall accident, a personal injury attorney can evaluate your situation and help you develop a strategy to prove negligence.

You have special status as a customer

Not everyone who enters property owned by another person or entity is treated the same in the eyes of the law. There are legal categories such as licensee or trespasser, which do not receive equal protection for customers. Instead, customers are known as invitees – someone who has been invited to the business (either implicitly or explicitly) and the business expects to gain some benefit from the customer being there.

The business’ duty of care

Because you, as a customer, are an invitee, the business owes you the highest amount of caution required by the law. It must use reasonable care to protect you from harm and it is not absolved of that duty by simply claiming it didn’t know about the danger that caused your injury. Instead, the business is responsible for any hazard that it would have discovered with a reasonable amount of effort.

Whenever a business fails to meet this standard, and a customer is injured, it is considered legally negligent. To correct the failure, you have the right to file a personal injury lawsuit against the business. It is a powerful tool at your disposal, allowing you to be made whole again and to hold the business accountable for its actions.

Proving fault

When a person slips on the floor, trips over ripped carpet or falls on the stairs, one is inclined to think that this incident was the result of the property owner failing to take responsibility to correct a dangerous situation. While it could very well be the fault of the property owner, this still must be proven because there is a chance that the property owner was unaware of the dangerous situation because it had just occurred.

With regards to liability, one should consider whether or not the property owner could have prevented the slip-and-fall accident.  In other words, if the property owner was more careful, the accident could have been avoided. Thus, it means that a property owner will only be responsible for dangerous condition they created, knew about or should have known about and would not be responsible for a dangerous condition a reasonable person would have avoided, such as a large object on the floor, a huge hole in the ground or a large conspicuous spill on the floor.

Liability for a slip-and-fall accident

A property owner is expected to maintain reasonably safe conditions on their property. This means that they must evidence efforts to ensure that the property is free from dangerous conditions. When proving liability for a slip-and-fall accident, one needs to prove one of three situations. The first is that the property owner or their employee should have known about the dangerous condition and fixed it because a reasonable person would have known about it and had enough time to correct it. Second, the property owner or their employee had knowledge of the dangerous condition and failed to repair or fix it. Finally, the property owner or employee caused the dangerous condition.

Once fault is established in a slip-and-fall accident, liability can be placed on the party at fault. A personal injury action not only helps establish fault, but it also assists the injured party calculate the damages suffered from the accident. This amount could include physical, emotional, mental and property damage and could help a victim become whole again after suffering these losses.

Ramps that are too steep

In general, a wheelchair ramp needs to have a slope of 1:12. This means for every foot the ramp goes up, it needs to be 12 feet long. If a ramp is too steep there is a greater likelihood of a person tipping backwards.

Ramps that don’t have handrails

It can be dangerous for a wheelchair ramp to not have handrails. If a person begins to fall, they won’t be able to catch themselves. This is especially dangerous when it’s raining or snowing.

Wooden wheelchair ramps

Wheelchair ramps that are made out of wood are especially dangerous. They can easily rot making them a risk for caving in. They can also be extremely slippery after it has rained or snowed. If they are not coated in a slip-resistant paint or other substance, they can be very slippery.

If a person has been injured because of a poorly built or maintained wheelchair ramp they may want to speak with an attorney who specializes in personal injury. An attorney can review the circumstances that caused their client’s unexpected injuries and hold the building owner responsible for their negligence. Compensation may be available for medical expenses, pain and suffering, lost wages and other damages.

Types of slip-and-fall accidents

Perhaps the most common slip-and-fall accidents are those caused by wet floors. Unfortunately, these kind of accidents are also among the most easily preventable. Wet floors are the frequent result of spills, leaking equipment or food spills. Because so little effort is usually required to remove the spilled liquid, this type of accident should be more often prevented by routine and careful maintenance.

A second frequent type is a slip and fall caused by uneven surfaces. Among the most frequent causes for this type of accident are loose flooring, damaged stairs, improperly installed mats, old carpeting and damaged sidewalks and parking lots.

A third cause is poor weather conditions. While a property owner cannot be blamed for poor weather, all property owners have a legal responsibility to remove snow and ice, put salt on slippery spots, and clean the sidewalks leading to a building’s entrance.

Workplaces contain many potential causes for slip and fall accidents. Electrical cords that are not properly stowed can easily trip a person. Trash on the floor and inadequate lighting are also common causes of workplace slip and fall accidents.

Medical institutions, especially those that provide specialized care for elderly patients, are common sites of slip-and-fall accidents.

Recovering damages for a slip-and-fall

A person who has suffered an injury or lost a loved one in a slip-and-fall accident may wish to explore a claim for damages. A knowledgeable personal injury lawyer can provide a helpful evaluation of the evidence and provide a useful estimate of the likelihood of recovering damages for medical expenses, lost past and future income and pain and suffering.

Maryland laws for personal injury claims are stricter than most, which can affect the preparation of a case.

Comparative negligence

As the Maryland Court of Appeals explains, most states subscribe to some version of comparative negligence. This legal doctrine dictates that injured parties can still be eligible to receive damages even if they were partially at fault for the accident.

In these states, the amount of total damages decreases by the percent of fault a court ascribes to the plaintiff. For example, if a court finds that a customer was 20% at fault for her fall, she would be eligible for 80% of the damages a court assessed.

Contributory negligence

Maryland and Washington, D.C., instead recognize contributory negligence. Plaintiffs are not eligible for any damages at all if a court finds any degree of negligence. There have been many attempts to overturn this doctrine in favor of comparative negligence, but so far, both the legislature and court opinions have only reaffirmed the current system.

Exceptions to contributory negligence

In some circumstances, a party may receive damages even when partially at fault. This is due to several exceptions in the law. For example, children under 5 are exempt from this restriction as the court does not assign to them the same duty of care that it does to adults.

But perhaps the most notable exception, as Cornell Law explains, is that of last clear chance. The doctrine of last clear chance allows negligent plaintiffs to still receive damages if they can adequately demonstrate that the defendant had the final opportunity to avoid the injury and did not.

Yet that assumption overlooks the fact that one’s presence on another’s property is not always welcome. Indeed, the law recognizes this by categorizing visitors to a property into distinct classifications.

What type of visitor are you?

Maryland state court rulings demonstrate that the state recognizes four different classifications of visitors. They are:

• Invitees
• Licensees
• Bare licensees
• Trespassers

You are an invitee if you accept an invitation extended by the property owner to come on to the premises. When operating as a licensee, you may on to a person’s property legally to perform a service (this applies if you are utility worker or a public safety officer). A bare licensee is one who occupies a property with permission of the property owner but does not have any ownership in it (such as cases where you are a residential or commercial tenant). Finally, you are a trespasser if you venture on to a property without the property owner’s permission.

The law in Washington, D.C. recognizes similar classifications without differentiating licensees from bare licensees.

Defining a property owner’s duty of care

If you are a licensee, bare licensee or a trespasser, the only duty of care a property owner owes to you is to not purposely cause you harm (there may be exceptions if you are a trespasser and the property owner reasonably feels threatened by your presence). However, when you are an invitee, the property owner must exercise all caution in identifying and correcting any conditions of the property that could be a danger to you.

What is a “responsible party?” 
 
A responsible party is the entity responsible for the fall and thus the injury. For example, if a tenant slips and falls on ice in the apartment courtyard and then attempts to sue, the responsible party would be the landlord.
 
However, in order to establish a responsible party there has to be an expectation of duty. For example, if the apartment complex has broken pavement in the courtyard and the landlord has known about this and never made any effort to fix it, this may prove a fertile ground for a slip and fall accident should a tenant sustain injury as a result.
 
On the other hand, if the weather has been very cold and the tenant leaves the apartment at 6 a.m. and slips on ice, the landlord is not necessarily at fault. It is possible ice appeared overnight and it is not reasonable to expect the landlord to salt the ground at 4 in the morning. 
 
What do I need to prove?
 
In order to have a successful slip-and-fall case you need to be able to prove that the responsible party created the condition, knew about the condition, negligently did not correct the condition, and the condition was around for a long enough period of time where the entity could have fixed the problem. 

You not only have to prove that you have a serious injury, but you also have to be able to show that it was caused at work. It is not too hard, of course, to prove the injury. An MRI shows it is there. But proving the cause could be a very different story. There are two ways to go about it.

Firstly, by requesting a designated doctor and asking him or her to determine the extent of your injury. The problem here is that you do not know who that designated doctor is going to be and what they are going to say. They may even be an insurance company doctor, which is not good news for obvious reasons. But assume they are not on the insurance company’s payroll. If they decide your condition is preexisting or age-related, it makes proving your case even harder.

The second option is to have your own doctor to write a report explaining the cause of your injury. This would be a causation letter, and it has to be done in a certain way. The doctor should make clear how the action of these forces on your body caused in their diagnosis of your condition, and it’s always best if the doctor supports their opinion with medical journal articles or other documentary evidence. Als, ask the doctor to include a sentence that says they have provided their opinion with reasonable medical probability.

A slip-and-fall accident may occur in the office for a number of reasons. For example, an office worker may lose their balance after walking over a spill that was not cleaned up. Or, a leaky pipe may be to blame. Moreover, office workers may fall down outside of the building while heading to work in the morning or after a long day, and this may be especially concerning in colder parts of the country during certain times of the year. Workers may also slip on objects that have been left on the floor.

Regardless of why a worker slips and falls down, or the industry they are employed in, the consequences can be devastating. Life may never return to normal and the physical as well as financial toll of these accidents can be enormous. On our website, we go over many other topics that have to do with slip-and-fall accidents in the workplace and in other environments. Please read more to go into greater detail on some of the hardships that victims of these accidents may have to work through. Moreover, if the negligence of someone else caused the accident, litigation may be paramount.