Slip and Fall in Common Places
The Most Common Places Slip and Fall Accidents Occur
Slip and fall accidents are unfortunately quite common, sending over 6 million Americans to the ER annually. These accidents most commonly occur in stores, restaurants, parking lots, garages, hotels, bars, sidewalks, apartment complexes and workplaces. Hazards like slippery surfaces also increase the risk of a slip and fall accident.
Understanding Slip and Fall Accidents
Generally, when using the term “slip and fall accidents,” this does not refer to the minor trips or falls that most people experience, walking away with only embarrassment. Instead, this refers to negligence by a premises owner or business property owner, and that negligence leads to serious, life-altering injuries. When the accident occurs because someone fails to uphold their legal duty to make premises safe for visitors or invitees to the property, or when they fail to warn visitors about hidden dangers and hazards, an injured person will be able to file a slip and fall case to recover pain and suffering compensation as well economic damages to cover medical bills and lost income when injuries prevent the person from returning to work. These accidents can cause fractures and surgeries, sprained limbs caused by tears and ligament injuries, back and neck pain and injuries, and head and brain injuries. Slip and falls are also the highest cause of death among the elderly.
Statistics on Slip and Fall Injuries
- One in five falls will lead to serious injury.
- Falls are the leading cause of traumatic brain injuries (TBI).[3]
- On average, employees injured in a workplace fall miss 11 work days.
- Nearly one-quarter of injured workers miss over a month of work.
- 18% of nonfatal work injuries are due to slip and fall accidents.[4]
Legal Aspects of Slip and Fall Accidents
Slip and fall accidents can lead to lawsuits. In Michigan, the law as set forth in Kandil-Elsayed vs. F&E Oil, Inc., and Pinsky vs. Kroger Company of Michigan imposes on all property owners “a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land.” That means, according to Stitt v. Holland Abundant Life Fellowship that property owners must “make the premises safe” for invitees, which are people who have been inviting onto the property to do business with the owner. Carrying out their duty to protect and make the premises safe, a property must: (1) inspect the premises, (2) make any necessary repairs, and (3) warn invitees of any dangers known to the property owner.
When property owners fail to uphold their duties to protect and make their properties safe and when that failure – which is also referred to as a “breach of duty” – causes a person to suffer a slip and fall injury or death, then the law allows the injured person or the person’s family in the event of a fatal accident to bring a negligence or wrongful death lawsuit for compensation and damages against the property owner.
The statute of limitations for bringing a slip and fall lawsuit is 3 years, but if the responsible property owner is part of the state, county, city or local government, then there may be shorter deadlines for filing a notice of intent to sue with that governmental entity.
Common Locations of Slip and Fall Accidents
From work to home, you can face potential slip and fall hazards nearly everywhere. It is astounding how often we put our safety into the hands of property owners and business owners to ensure our safety. Yet knowing when you have a case can sometimes be challenging. Here are some of the most common places where slip and fall accidents occur. If you have already suffered from a fall in any of these locations and are within the statute of limitations, you may have a case.
Public Sidewalks and Walkways
Cracks, uneven surfaces, and debris left on the sidewalk or walkway create a slipping or tripping hazard. Precipitation, especially ice and snow, can increase the risk. If someone should be injured in a slip and fall or trip and fall as a result of a dangerous condition on sidewalk or walkway, then the person or entity that has possession and control over the sidewalk or walkway may be legally liable for the person’s injuries. Depending on the circumstances, the duty to keep the sidewalk or walkway safe may be assigned by statute or a local ordinance.
Parking Lots and Garages
In parking lots and garages, pedestrians have the same hazards as sidewalks. Uneven ground, potholes, and even the curbs that cars park against can create tripping hazards. Debris left behind by other vehicles and pedestrians can add to this risk. Often, these areas have minimal lighting, which makes seeing these risks more difficult and increases the chances of a fall. Finally, parking lots and garages may be slippery due to oil, ice, snow, or rain.
Public Restrooms
Public restrooms may not seem like risky locations, but they can have slippery surfaces that increase fall risk. Overflowing toilets, leaking plumbing, and even water dripping from hands as people walk from the sink to the paper towel dispenser cause water on the floor. The hard surfaces in a restroom increase the risk of a severe accident, such as a traumatic brain injury (TBI), when someone does fall.
Grocery Stores and Retail Stores
Grocery and retail stores such as a Walmart can have several factors leading to falls. Wet spots from spills or mopping and waxing the floors create slippery surfaces, while merchandise dropped on the floor can create tripping hazards. Refrigerator equipment can leak, and staff can leave carts or ladders in walkways unattended.
Restaurants and Bars
Debris on the floor is common in restaurants and bars. People spill their food or drink. Many establishments have lower lighting to add to the ambiance. Unfortunately, this can mean slips are not cleaned promptly or thoroughly.
Hotels and Resorts
Hotels and resorts have a legal obligation to keep their guests safe. Many people coming in and out of these businesses can make that hard. Over time, carpeting and floor tiles can wear out because of this foot traffic, creating tripping hazards. Floors can get wet when people come from the pool and drip water on hard flooring or when guests spill drinks or food. Hotel and resort managers must vigilantly protect against these risks and use signage to warn about known hazards. If they do not and someone falls, the hotel may be liable.
Staircases
Staircases are inevitably a tripping hazard. If they do not have proper railing or are not in good repair with a level surface on each step, the hazard increases. People fall on the stairs regularly, so proving liability becomes more challenging. If the stairs are not in good repair, the property owner may be responsible for any injuries.
Workplaces
Since slip and fall accidents are the second most common type of workplace fatality, the workplace is one of the most common places for these accidents to occur. Any worker can slip at work, but some employees are more prone to these accidents than others. These include:
- Construction workers
- Material moving occupations
- Installation, maintenance, and repair professionals
- Farming and agriculture workers
- Protective services professionals
Workplaces and employers are legally responsible for following all OSHA guidelines to protect against falls, including proper signage and railing. If they fail to make the workplace safe for workers and a worker is injured, then the employer, property owner, general contractor – or whomever has possession and control over the area where the injury occurred – may be liable to pay Workers’ Compensation benefits or negligence compensation and damages or both.
Nursing Homes and Care Facilities
Around half of all nursing home residents will suffer a fall each year, according to the Agency for Healthcare Research and Quality.[5] Facilities must protect against environmental hazards, unsafe equipment, slippery floors, lack of grab bars and other assisting devices, or the use of unsafe personal items in the nursing home. Proper supervision can also help reduce fall risk in this vulnerable population.
Apartment Complexes
The common areas of apartment complexes is the frequent site of slip and fall accidents. For tenants and visitors alike, if they suffer slip and fall injuries because the property owner, landlord, or management company failed to keep the premises safe or failed to warn them about known dangers, then they may be able to bring a negligence lawsuit against the property owner, landlord or management company. In Michigan, the law also allows the tenant to bring a breach of contract claim against the landlord when he or she fails to keep the complex’s common areas “fit” for their intended purpose and that failure causes the tenant’s injuries.
What to Do After a Slip and Fall Accident
Slip and fall accidents can be challenging as the impact of injuries sometimes can take days or weeks, even months after the event, to fully manifest. This is especially true with brain injuries and injuries to the discs in our spine. Your actions immediately after the fall can often mean the difference between a successful slip and fall lawsuit or a complete lack of compensation. If you are injured in a slip and fall accident, take these steps:
- Seek medical attention as quickly as possible
- Report the fall to the property’s owner
- Document the environment around where you fell. This includes collecting photographic evidence of the hazard, if possible.
- Take names and contact information from any witnesses
- Reach out to a slip and fall attorney for legal guidance
Importance of Legal Help for Slip and Fall Injuries
After getting medical attention, contact an experienced slip and fall attorney as soon as possible. Premises liability cases are very different from other areas of personal injury, and time matters. The sooner you get an experienced slip and fall attorney on your side, the sooner you can start building a winning case to get you and your family the best possible settlement. This is mostly because these fall cases need to be documented, which means the people you hire on your behalf have to move fast. Evidence of dangerous conditions and hazards in a store or business can disappear quickly and so can the surveillance footage that shows how your accident actually occurred. An experienced premises liability lawyer with specialized knowledge in these types of cases can make sure that the critical proof of your slip and fall will be preserved and documented, and not destroyed by the negligent parties responsible for your accident.
Even though the law in Michigan is clear about property owners’ duty to protect invitees by making their premises safe, many insurance adjusters and defense lawyers still stubbornly refuse to acknowledge their clients’ duties and insist on trying to blame slip and fall victims for their injuries. A skilled lawyer will put an end to this “blame game” and ensure that the negligent property owner who caused your injury is held fully accountable under the law.
If you are a slip and fall accident victim, Michigan Slip and Fall Lawyers are here to help. Our experienced legal team focuses exclusively on slip and fall accidents, meaning we know the laws surrounding your case better than the rest. We have a long track record of successful cases and will help you get the total compensation you deserve for your case. Schedule a free consultation today.
MICHIGAN SLIP AND FALL LAWYERS
Frequently Asked Questions
If you are a slip and fall accident victim, Michigan Slip and Fall Lawyers are here to help. Our experienced legal team focuses exclusively on slip and fall accidents, meaning we know the laws surrounding your case better than the rest.
To get answers to your questions, please read our FAQs or call us for a free consultation now for immediate help.
What are the most common places where slip and fall accidents occur?
The most common places for a slip and fall accident are stores, restaurants, parking lots, garages, hotels, bars,or sidewalks, apartment complexes and workplaces.
What should I do if I have a slip and fall accident?
After a slip and fall accident, take pictures of the scene and report the accident to the property’s owner or manager. Then, get medical attention and legal advice as quickly as possible.
When should I seek medical attention after a slip and fall?
Slip and fall accident victims need to seek medical attention as quickly as possible after a fall, the same day or the next day if possible. Calling 911 to get immediate medical attention is wise if the accident caused visible injuries or if the person hit their head.
By working for you on a contingency fee basis, we only get paid if you get paid. No recovery, no fee.
Should I go to the doctor after a fall?
Everyone should go to the doctor after a fall, even if they do not have obvious or painful injuries. Injuries from fall accidents can be delayed.