As per the CDC, about 3 million senior citizens make emergency department visits every year due to falls, which are also the most common cause of traumatic brain injuries (TBI).
Slip and fall injuries are among the most common personal injury claims in the U.S. A slip and fall accident occurs when a person slips and falls due to their own carelessness or the conditions of the property. But are slips and falls really that simple?
No. Slip and fall accidents can lead to multiple injuries—from a bruised ego to traumatic brain injury, paralysis, and even death. Most victims may face serious impacts on their daily lives including:
For property and business owners on the other end of these lawsuits, the impact is serious as well. America was built by hardworking “average Joes”—small store owners, handymen, contractors. When they are hit with multi-million-dollar slip and fall suits, they face financial risk and even shutdowns.
This guide is prepared by the personal injury and slip and fall accident attorneys of Rathee Law Firm to explain the rights, obligations, and practical steps in successfully pursuing and defending a slip and fall compensation claim. :contentReference[oaicite:0]{index=0}
A slip and fall accident occurs when a person loses traction, stumbles, or falls due to a hazardous, dangerous, uneven, unlit, or slippery condition. If someone slips and falls on another person’s property because of such a hazard, it can lead to a slip and fall injury claim.
According to the CDC, slips and falls are the third-leading cause of preventable death in the U.S.
Common injuries from slip and fall accidents include:
If you were injured in a slip and fall—or are facing a slip and fall claim—Rathee Law Firm’s slip and fall attorneys can provide a free consultation, assess your options, and outline a roadmap to pursue or defend the claim.
Understanding the difference between slip and fall and trip and fall can make a personal injury claim more straightforward.
Slip and fall:
Happens on a slippery surface (e.g., freshly waxed floors, water tracked inside after rain, uncleared snow or ice) that causes a loss of traction.
Trip and fall:
Happens because of an object or uneven surface (e.g., items left on the floor, uneven tiles, changes in elevation between two surfaces).
For simplicity, this guide uses “slip and fall” to include both slip and trip accidents.
Slip and fall accidents often have more than one cause. They may involve both property conditions and personal factors (such as health or distraction).
For property owners, it is critical to maintain clean, hazard-free, and well-maintained premises. Once a slip and fall injury happens, the claim can reach millions of dollars depending on the severity of injury.
Example: In 2024, a Los Angeles jury awarded $58,358,431 to a railroad contractor who slipped and fell from the top of a train, considering the seriousness of his injuries and multiple surgeries.
If personal factors contributed to the fall, the victim’s settlement may be reduced. During negotiations and trials, insurance companies and property owners often try to shift blame toward the victim to reduce liability.
Contacting an experienced slip and fall attorney quickly can help secure a fair settlement and protect victims from insurance tactics. At Rathee Law Firm, our attorneys offer tailored legal strategies to protect your future.
Slip and fall accidents can happen anywhere there is a hazard. Common locations include:
Always be cautious in new locations and pay attention to warning signs.
Case Example: In Georgia, a truck driver sitting on the edge of an exam table passed out after routine blood withdrawal, fell, and broke his neck. A jury awarded $12 million to the victim and $3 million to his wife, holding the medical examiner liable.
Example scenario:
Someone enters a private residence without invitation, slips on a wet driveway, and is injured. Is the owner liable?
No. In most cases, the owner will not be liable because the visitor was not invited and may be a trespasser.
Determining liability after a slip and fall can be complicated. Multiple legal factors are involved, especially for those unfamiliar with personal injury law.
To obtain compensation, a victim usually must prove:
“Duty of care” means the owner, manager, or operator of the property owed the victim a legal obligation to provide a reasonably safe environment.
The visitor’s status affects whether duty of care exists:
Invitees (Invited Persons):
Customers at a store or guests invited to a residence can expect a high duty of care.
Trespassers:
Usually cannot expect a duty of care. However, in most states:
Licensees / Other Visitors:
Delivery drivers, repair technicians, and similar visitors can expect a reasonable degree of care.
A key part of any slip and fall case is showing that the property owner failed to meet their duty of care by creating or not correcting a dangerous condition.
Important factors:
Knowledge of the hazard
How long the hazard existed
Foreseeability of harm
Owner’s efforts to fix or warn
Victim’s conduct
Open and obvious danger
“Causation” is the link between the breach and the injury. The victim must show they slipped and fell directly or indirectly because of the owner’s negligence.
The victim must have suffered actual damages, such as:
It’s common to feel embarrassed or disoriented, get up, and keep going. However, doing so can harm your health and your claim. Internal injuries may go unnoticed and proving your case later becomes harder.
Key steps after a slip and fall:
Seek medical help immediately
Gather evidence
Report the incident
Consult a slip and fall attorney
Contact Rathee Law Firm’s slip and fall lawyers by emailing anant@ratheelawfirm.com, calling 917-803-1117, or visiting our office for personalized legal guidance.
Preventing slip and fall accidents is an ongoing obligation, especially in locations with heavy foot traffic such as stores, malls, and public facilities.
Although accidents cannot be completely eliminated, property owners can reduce the risk and their potential liability by:
Regular maintenance
Training employees
First aid readiness
Consulting slip and fall attorneys
Installing and maintaining CCTV
If someone slips and falls on your property:
Sometimes the occupier or manager—not the actual owner—is legally responsible. In other cases, an employee’s actions may fall outside the scope of employment and vicarious liability may not apply. Legal advice is essential.
Most slip and fall cases start with a claim against the property owner or their insurance provider. Many are resolved out of court.
If the insurer refuses to pay or offers an unreasonably low amount, the victim can file a personal injury lawsuit.
The settlement amount and timeline depend on:
Settlements may take months or several years. A personal injury attorney can:
Most slip and fall lawyers work on a contingency fee, meaning clients do not pay legal fees unless compensation is recovered.
Slip and fall accidents are a common yet complex area of U.S. personal injury law. They can have serious legal, financial, and emotional consequences for both victims and property owners.
Victims should not give recorded statements or sign settlement documents with insurers or property owners without first speaking to a slip and fall attorney.
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