877-572-4143

Contact Us Today!

877-572-4143

THE GUIDE TO THE SLIP AND FALL LAW

May 3, 2018

ON YOUR BACK: THE GUIDE TO THE SLIP-AND-FALL LAW

You never expected it to happen: A perfectly ordinary Saturday trip to the grocery store ends in disaster. Right when you were about to grab a bunch of bananas in the produce section, you stepped in a puddle of water and slipped, landing painfully on your right hip. Now you are left with constant pain from an injury that resulted from something so routine and seemingly safe.

Such accidents are not uncommon. More than 300,000 injuries result from slip-and-fall accidents (also known as premises liability) every year in the United States. Even famous people have succumbed to dangerous slips and falls: Katherine Graham, former president of The Washington Post Company, and Dr. Robert Atkins, developer of the popular Atkins Diet, both died of sudden falls.

But there is recourse for slip-and-fall injuries that result from custodial neglect. The slip-and-fall law protects those who have been injured by slipping and falling from the negligence which allowed for a dangerous situation to exist in the first place. The slip-and-fall law is a tort: that is, it addresses and provides remedies for civil wrongs not arising out of contractual obligations.

Property owners have a “duty of care” to see that their property is maintained for the safety of others. But sometimes a property owner may neglect to care for his or her property, and accidents may ensue as a result. Slip-and-fall accidents can happen for a number of reasons, including:

  •     Slippery surfaces
  •     Defective flooring
  •     Objects or spilled food in the walking area
  •     Poor lighting
  •     Uneven surfaces, including irregular sidewalks

Property owners generally have two basic defenses for liability of slip-and-fall cases. These defenses are:

  1. They were not negligent. For example, the owner may claim that the jar of broken applesauce had been on the floor for only a short time before a patron slipped on it. Therefore the owner may state that there was not enough time to discover the danger and rectify the situation
  2. The property owner may claim that the person who was injured is at fault. That is, any patron exercising due diligence would have seen the spilled applesauce and managed to avoid it.

If you are a victim of a slip-and-fall accident, it is important that you secure the necessary documentation to demonstrate that the property owner is at fault in the accident.

Older people are especially susceptible to slip-and-fall accidents. The Centers for Disease Control and Prevention report that one in three adults over age 65 experience falls every year. Of those who fall, 20 to 30 percent suffer serious injuries that make it impossible for them to live independently. Many of these injuries are fatal. And older adults are hospitalized for fall-related activities five times more often than they are for injuries related to other events.

The costs of slip-and-fall related injuries are astronomical: In 2000, the total direct cost of all slip-and-fall injuries for people 65 and older exceeded $19 billion. By 2020 this number is expected to increase to $54.9 billion.

The injuries that result from slip-and-fall accidents vary based on the severity of the accident. Some of the more serious consequences of slip-and-fall accidents can include, but are not limited to, the following injuries:

  •     Traumatic brain injuries
  •     Bruises
  •     Injuries to internal organs
  •     Hip fractures

Should you experience a slip or fall, make sure to seek medical attention immediately to determine if any injury resulted from the accident.

INVOLVED IN A SLIP-AND-FALL ACCIDENT? FOLLOW THESE RULES

A slip-and-fall accident occurs when foot contact is broken and the individual cannot right him or herself. In determining negligence in a slip-and-fall case the most important element is to have an expert measure the coefficient of friction, or how slippery the surface was that caused injury. To determine the slipperiness of a walkway or floor, the American Society for Testing and Materials uses a standard “neolite” material fastened to a weight, then pulled across the surface to be tested. And while signs do not prevent accidents, they may reduce the dollar amount awarded in a lawsuit. But when the surface is excessively slippery, the proprietor must rectify the situation.

It is important you follow a few rules when involved in a slip-and-fall accident. The first thing to do is to seek medical attention. A medical professional needs to determine the extent of your injuries. Second, take pictures of the scene of the accident. It is important that you have evidence of any negligence on the part of the property owner. Make sure to get the information from anyone who might have witnessed your accident and who might be able to testify in court. Then report the accident to a manager or other professional within the vicinity of where the accident occurred. You will need official documentation of your accident when it comes time to file a claim.

If your slip-and-fall accident occurs at work, you might be eligible for workman’s compensation. Be aware, however, that workman’s compensation is a form of insurance that provides compensation and medical care for employees who are injured in the course of employment. When an injured employee agrees to take workman’s compensation, he or she relinquishes the right to sue his or her employer for the tort of negligence.

Finally, and most importantly, contact an attorney trained in slip-and-fall cases. An attorney trained in slip-and-fall accidents will be familiar with your state’s rules and regulations concerning slip-and-fall cases. If you are the victim of a slip-and-fall accident, you may suffer lost wages, physical pain and mental suffering. Many times you will be eligible for a settlement or other forms of compensation; only a lawyer trained in slip-and-fall cases will be able to help you get the compensation you deserve for your injuries.

Find more like this: Personal Injury

Online Reviews

“Amazing people, they had my claim for about a week before they were able to get my truck totaled out. Otherwise I would have been stuck with a truck that had heavy front end damage if they hadn’t stepped in to help me. I tried to deal with my insurance company myself for over a month and that got me nowhere, all I got was a massive headache and a messed up truck. They are very professional and act quickly on your claim. I highly recommend them to anyone who is looking for help.”

Candy J.

2/9/2020

“I was in an accident and decided to call Wattel and York. After months of going to a Chiropractor, I finally felt better. When it came time for settlement, the insurance company was making an offer I wanted to accept, Mr. Wattel advised against it and felt the insurance company was shortchanging me. He recommended I file a lawsuit and that will get them to cave. Well, Dave filed suit, and sure enough, the insurance company increased their offer by $4,000! I am very satisfied with how my case was handled.”

Nardeasha S.

20/20/2020

“Wattel & York were flat out outstanding with my personal injury case. They made the process painless and kept in constant communication throughout the entire time. Any questions I might’ve had were promptly answered and detail oriented. They gave me crucial advice that I would’ve otherwise not been aware of. I couldn’t have asked for more from them. Put your trust in these guys, you won’t be disappointed. Thanks Wattel & York.”

Mattew P.

13/9/2020

“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

Our Office Locations

Chandler

2175 N. Alma School Rd #B-107 Chandler, AZ 85224

Map & Directions [+]

Glendale

4901 W. Glendale Avenue Glendale, AZ 85301

Map & Directions [+]

Phoenix

2942 N. 24th Street, Suite 105 Phoenix, AZ 85016

Map & Directions [+]

Tucson

2933 N. Campbell Ave. Tucson, AZ 85719

Map & Directions [+]

Yuma

1102 S. 4th Avenue Yuma AZ, 85364

Map & Directions [+]

Newport Beach

260 Newport Center Drive, Suite 100 Newport Beach, CA 92660

Map & Directions [+]

Fircrest

6314 19th Street West, Suite 15 Fircrest, WA 98466

Map & Directions [+]

Phone Number

877-572-4143

Follow Our Firm

Bus

Contact Us Today For
Your Free Consultation

We are available to assist you 24 hours a day!