Slip and fall is different from trip and fall due to the nature of the accident. Trip and fall cases are concerned with obstructions, or uneven or broken surfaces. Slip and fall cases are accidents that occur to lack of the ability to gain traction on a surface or the loss of friction.
In a trip and fall case, a person generally falls forward over an obstacle. In a slip and fall case, a person usually falls backwards when the loss of their footing causes their legs to swing forward in front of them. In a slip and fall case, there are no obstructions or obvious safety concerns. Slip and fall cases are due to a condition such as snow or ice, a wet floor, or a slick surface that might look flat and safe to traverse, but is unable to provide the expected traction or friction necessary to safely walk.
If you slip and fall on someone else's property, you may have a right to pursue damages for the injury from the person or entity who owns or maintains the property. The Law Office of Stern and Stern assists people who have suffered injuries because of a slip and fall such as fractures, spinal cord, or brain injuries.
Property owners have a duty of care to ensure that their property is safe. If there was an injury as a direct result of a breach of that duty, the defendant could be held liable.
Home and Business Owners are Responsible for Clearing Snow and Ice in Most Jurisdictions, but not all.
After a snow fall, home and business owners have a time to clear their property of snow and ice. The timing is different based on the jurisdiction. In the Town of Hempstead, home and business owners are responsible for the sidewalks that abut their property.
In some jurisdictions, the town is responsible for the sidewalks, so any lawsuit would name that town as the defendant. When dealing with a municipality, the timeline for filing the case and notifying the town is a very short window.
Homeowners have several hours after a snowfall ends to clear their sidewalks. For overnight snowfall, the grace-period extends into the morning to give a home or business owner a reasonable amount of time to act. Those responsible for clearing sidewalks do not have to act during an active snowfall or in the middle of the night, as these are not reasonable expectations.
Slip and Fall Accidents in Restaurants and Grocery Stores are Very Common
Slip and fall accidents are not just a case of seasonal conditions. It is common for businesses and office buildings to clean floors throughout the day to maintain a clean appearance. In grocery stores or restaurants, water or food spills are a common occurrence which requires employees to clean and mop an area creating a wet or slick surface.
It is the responsibility of the building, store, or restaurant management to clearly mark an area as being hazardous due to slick conditions or close access to the area until the condition can be resolved.
Negligence is not only about committing an action, it may also be about an action not taken. In the case of a slip and fall, not acting to warn pedestrians or failing to clear an area may also be considered an act of negligence.
Falling backwards can lead to a number of injuries including:
Broken or fractured arms or hands
Spine or nerve damage
Concussion or Traumatic Brain Injury
Contact the Law Offices of Stern and Stern
To schedule a free appointment to discuss your case, call us today at 516-634-0345. Slip and fall cases must follow a stringent timeline. If you are injured, it is essential to contact our office as soon as possible to avoid missing your window of opportunity.
49 W Merrick Rd, Freeport, NY 11520, USA email@example.com | Tel: 516-634-0345