This type of suit sees the plaintiff seek claims based on a personal injury. It is also known as trip and fall. This suit falls under the jurisdiction of tort law. Tort law deals with cases where one has been harmed physically or psychologically directly or indirectly by the actions of an individual, business , a corporation or a government body. The plaintiff, therefore, seeks claims if they believe that there slip and fall was the result of negligence on the part of the defendant.
Preventing Slips, Trips, and Falls
Slips occur when friction between the ground and your foot is not enough causing you to lose balance. Trips occur when your foot runs into an obstacle causing you to lose balance.
These can be avoided by:
Proper Housekeeping Obstacles
The employer should identify and eradicate poor housekeeping habits that increase the probability of slip and fall accidents. A simple cleaning program could go a long way in preventing accidents. For example, scheduling floor cleaning, especially the kind that leaves wet floors, in the evening or night will reduce the chances of slips and falls since most employees will have left the building.
Reducing Wet and Slippery Surfaces
Use of alternative cleaning methods that do not leave floors wet will help. Where there is no other option, clearly label floors that are slippery.
Clearing walkways and cleaning them frequently will reduce the chances of-of tripping accidents.
Maintaining Proper Lighting
Many accidents often happen as a result of victims not being able to see what is ahead of them clearly. This ensures that all obstacles in their way are visible from the word go.
What Make Strong Slip and Fall Cases?
Medical records as proof of injury
The injuries don’t have to be brain injuries for them to termed as severe. Sprains and fractures, large medical bills or time away from work to recover are enough to demonstrate the severity of the situation.
Evidence showing that the accident happened on the defendant’s property
The defendant will only be held accountable if you can prove that the accident took place on their property. You’d also have to prove that your injuries are as a result of the fall and not some pre-existing condition. A great way of proving this would be to take pictures or to have a witness give a testimony of what they saw.
Evidence that the accident was as a result of negligence on the defendant’s part
This may be the most difficult one to prove as an accident on one’s property doesn’t make them automatically responsible. You’ll have to demonstrate that they were aware of what caused you to fall before you got hurt.
Defenses Against Slip and Fall Claims
The defendant could try and prove that they were not at fault. For example, a slip accident immediately after a rainy afternoon would be considered a result of the weather rather than defendant’s negligence.
The could prove that the plaintiff was negligent. For example, they could argue that anyone paying attention would notice the floor was wet.