How Many Slip Trip and Fall Accidents Occur Daily in the U.S.?

Data from the National Floor Safety Institute shows at least 2000 cases of slip, trip, and fall accidents occur in the US every year. These accidents happen in different environments, causing severe injuries, such as fractured hips, broken bones, and even death.

At Morgan and Morgan, our slip and fall lawyers can fight for you if you have been injured in an accident caused by someone else's negligence. Because we are well-known all over the country for fighting for the injured, we constantly receive questions about slip and fall accidents, which we have answered below.

But if you have more questions about your claim, please contact us through our case evaluation form. A member of our intake team will review your claim and get in touch to discuss your legal options. 

How Is Fault Determined in a Slip and Fall Case?

Many different factors come into play when determining fault in a slip and fault case. In most cases, the specific circumstances of the case will determine fault. That said, the principle of duty of care helps determine fault after a slip and fall accident.

This doctrine dictates that property owners are responsible for ensuring their property is safe. This includes eliminating the risks of slips and falls. So if you slip and fall on someone's property, whether commercial or residential, due to their negligence, you may be able to hold them responsible.

Where Do Slip and Fall Accidents Occur?

These accidents can occur anywhere there is human traffic. For example, you might slip and fall at a mall, restaurant, supermarket, or even your own apartment.

What Steps Should I Take After a Slip and Fall?

Good question. The steps you take after a slip and fall accident will influence your entire case and your well-being. Here is what to do if you get injured in a slip and fall accident:

• Seek immediate medical attention. If you are severely injured, call 911 immediately.
• Take pictures and videos of the accident scene, including your injuries and other information that could be relevant to your case.
• File a report with the establishment's owner, supervisor, or manager where the incident occurred.
• Contact an experienced slip and fall attorney for further legal advice and guidance.

It is also important to know what not to do when you get injured in such an accident. Generally, you should not:

• Ignore your doctor's instructions
• Discuss the specifics of the incident with anyone else other than your attorney
• Post about the incident on social media
• Provide any written statement to anyone other than your attorney

What Happens to Your Body When You Slip and Fall?

Slip and fall injuries can cause significant body damage. Most people suffer broken bones and deep cuts after such accidents. But that is not even the biggest problem; you should be concerned about internal injuries.

This is because these injuries do not always show symptoms after the accident. For this reason, you may be tempted to believe that the injuries are not that serious, thus no need for a medical checkup. However, one thing most people do not realize is that internal injuries can cause serious organ damage.

These injuries usually target organs such as the liver, kidney, lungs, or even the heart. And when that happens, the injured risk suffering a slow death, especially when they fail to seek immediate medical attention.

Seeking medical attention after such an accident allows medical professionals to detect and manage these injuries early enough.

What Happens When Someone Is at Fault for Slip and Fall?

When someone is at fault for a slip and fall, they can be sued for negligence in a civil lawsuit. As a result, the injured can recover damages caused by the accident. In addition, if the incident occurred due to more than just negligence, such as physical assault, the injured can also file a criminal case against the at-fault party.

What if They Cannot Afford to Compensate Me?

When you file a civil lawsuit seeking compensation for your injuries after a slip and fall accident, the lawsuit does not target the individual who directly caused your injuries. So, for example, if you slipped and fell at a restaurant and then decided to sue, the lawsuit would target the restaurant owner's insurance provider, not the owner. The same applies if you slip and fall on someone's property – such a lawsuit will target the at-fault party's insurance provider, not the individual.

What Damages Can I Recover From a Slip and Fall Case?

Depending on the circumstances of your case, you can recover economic and non-economic damages. Economic damages seek compensation for the financial losses and expenses incurred due to the incident. On the other hand, non-economic damages include non-financial losses, such as pain and suffering, mental distress, and post-traumatic stress disorder.

What if Someone Dies From a Slip and Fall Accident?

When someone dies from a slip and fall accident, their family can file a wrongful death claim. If they win the case, they may recover death benefits and other forms of compensation such as funeral expenses, loss of financial support (if the deceased financially supported the survivors), and long-term expenses such as the cost of tuition.

Is Premises Liability the Same as Slip and Fall?

No, these two terms are different from each other. Premises liability is the umbrella under which slip and fall cases fall. In other words, slip and fall is just one of the many subcategories of premises liability cases.

I Slipped and Fell at Work. What Are My Legal Options?

If you slipped and fell at work, you may have different legal options. Here is an overview:

Suppose you slipped and fell while on shift, and you are an employee of the company. In that case, you can file a worker's compensation claim with your employer. All US states but Texas require employers to provide their employees with worker's compensation insurance.

This insurance protects employers against lawsuits when an employee gets injured at work. On the other hand, it compensates the injured employee for their medical costs and lost wages.

You can also file a worker's compensation claim with your employer and a lawsuit against a third party if they contributed to your slip and fall injuries. This option allows you to recover compensation from two different parties simultaneously.

What if My Employer Refuses to Settle My Slip and Fall Case?

It is illegal for employers to refuse to settle a valid workers' compensation claim after a slip and fall or any other work-related injury. In that case, you should contact an experienced slip and fall attorney immediately. The attorney will review the unique circumstances of your case and hold your employer liable for breaking the law.

As a result, you may be able to sue your employer directly for refusing to settle your workers' compensation claim. You can also file such a direct lawsuit if the employer does not have workers' compensation insurance, yet you are eligible for such coverage.

Do I Need to Inform My Employer About the Accident?

Yes, it is very important to inform your employer about the accident. Even though you may be eligible for worker's compensation, your employer or their insurer will not likely approve your claim with no questions asked.

Keep in mind that your employer will likely not be happy with you filing such a claim because it could mean paying more premiums to the insurance company. Also, the insurance company may want to avoid settling because they make money by disputing claims or paying out the lowest amount possible.

If you fail to inform your employer about the accident, they could claim that you slipped and fell elsewhere and not while working for the company. As a result, you will bear the burden of proof, meaning it will be your responsibility to prove them wrong.

The deadline for informing your employer about the occupational injury varies from state to state. For example, in New York, you have 14 days from the date of the injury to inform your employer about it.

Will My Slip and Fall Case Go to Trial?

Most slip and fall cases settle out of court. This is because court processes are usually expensive and time-consuming. And since court cases typically attract a lot of publicity, especially those involving big companies and corporations, many businesses prefer settling out of court to preserve their privacy.

That said, there is always a possibility of going to trial. For this reason, it is advisable to work with an attorney who is prepared for both scenarios.

How Long Will the Case Take?

The timeline will depend on the specifics of your case. Generally, out-of-court settlements are usually much faster. In addition, if the other party agrees to cooperate, the likelihood of closing the case within weeks or months is always high. On the other hand, if they refuse to settle, the case will likely go to trial, which could take months or even years to settle.

The Insurance Company Contacted Me After a Slip and Fall. Should I Talk to Them?

One of the main reasons the insurance company will want to contact you after the slip and fall is to find ways to minimize your claim. They will try to blame you for the accident, and if they do not succeed to shift the blame, they will try to find a way to share responsibility, affecting the compensation you may be entitled to. For this reason, it is not advisable to speak with the insurance provider, especially without an attorney.

The Insurance Company Wants Me to Provide a Record Statement. Should I?

Any recorded statement you provide can be used against you in court. That is the main reason the insurance company will want you to record a statement. If they contact you to request a recorded statement, ask them to speak with your attorney.

Suppose you do not have an attorney at that particular moment. In that case, you should not respond without finding a lawyer to guide you.

Can I Still Win if I Did Not Collect Evidence During the Slip and Fall Accident?

It may be tricky, but not impossible. An experienced attorney can help gather crucial evidence to prove your case after a slip and fall caused by negligence. To improve the chances of obtaining this evidence, you should contact the attorney as soon as possible. You want to ensure you get in touch with a lawyer when the incident is still fresh.

Can I Still Recover Damages if I Was Partly Responsible for the Accident?

It depends on the negligence laws of the state where the accident happened. Some states allow the injured to recover settlements based on the percentage of their contribution to the accident. Other states do not allow the injured to recover any settlement even if they were only 1% at fault. Speak with an experienced slip, trip, and fall attorney to learn more about your options.

Do I Need a Slip and Fall Lawyer?

No law requires you to hire a lawyer. However, a lawyer can significantly improve your chances of obtaining favorable results.

What Should I Look for in a Competent Slip and Fall Lawyer?

When looking for a competent slip and fall lawyer, keep the following questions in mind:

• How long have they been practicing premises liability law?
• Have they handled cases like yours before?
• If so, how many of these cases have they won?
• What is their reputation?
• Do they have the resources to fight for you?
• Will they take the case to trial if the other party refuses to settle?
• How much will they charge for the case?
• How do they charge for such cases?

Let Morgan and Morgan Fight for You

Are you looking for a competent and compassionate slip and fall attorney to fight for you or your loved one? Are you nursing injuries caused by someone else's negligence? Or are you worried about medical bills, lost wages, and other losses deriving from the slip and fall incident?

If so, let America's largest personal injury firm fight for you or your loved one. Fill out this form to tell us about our case.