Slip and Fall Accidents: Leading Causes and Who’s Responsible

Slip and fall accidents can occur suddenly and unexpectedly—changing a typical day into a painful and possibly life-changing accident. 

Victims of slip and fall accidents can be left with severe injuries, financial burdens from mountain medical bills, and lingering questions about their legal options. 

If someone neglects to keep a public area safe and free of hazards, they may be at fault for the accident, and you may be owed compensation. But how do you determine who is at fault, and what does the law say about liability? Are business owners responsible for icy sidewalks? How do you file a personal injury claim?

Area Conditions That Cause Slip and Falls

Slip and fall accidents often occur due to hazardous conditions in an area, many of which are preventable (if responsible parties have taken care of the area). These conditions can include:

1. Weather Conditions: Ice, Snow, and Rain

Ice and Snow

In colder climates, untreated ice or snow on sidewalks, parking lots, and stairways can create slippery surfaces that pose significant risks. Winter weather can make paths we’ve traversed thousands of times suddenly severely dangerous, leaving us slipping, sliding, and—in more serious incidents—falling and sustaining an injury.

Rain

Rainwater can make entryways and floors slick, especially when building managers fail to use mats or signage to warn visitors.

Failure to Remove Hazardous Conditions

Property owners are often required to clear snow and ice within a reasonable timeframe to prevent accidents.

2. Stairs and Uneven Surfaces

Damaged or Uneven Stairs

According to the American Journal of Medicine, over a million patients are treated for stair-related injuries annually. The study also found that the most common injuries to result from stair accidents include sprains and strains, soft tissue injuries, and broken bones. Older adults and children are at particular risk of suffering devastating injuries in falls on stairs. Loose or broken steps, missing handrails, or steep staircases increase the likelihood of falls.

Cracked Pavement

Sidewalks with uneven surfaces, cracks, or gaps create dangerous tripping hazards.

Poor Lighting

Dimly lit stairwells or walkways make it difficult to identify hazards.

3. Slippery or Hazardous Floors

Spills

Liquids or other substances left on floors, particularly in businesses like grocery stores or restaurants, are a common cause of slip and falls.

Polished or Waxed Floors

Overly polished floors can reduce traction and cause slips, particularly when warning signs are not placed.

Loose Rugs and Carpets

Rugs that are not secured properly can easily slide or trip pedestrians.

4. Obstructions and Debris

Objects Left in Walkways

Items like boxes, cords, or cleaning equipment left in pathways are a leading cause of trips and falls.

Debris and Clutter

Worksites, parking lots, and public spaces with debris can create significant hazards.

Common Slip and Fall Injuries

Slip and fall accidents may result in little more than bruising, scrapes, or minor sprains. However, in some cases, severe falls can cause catastrophic, life-long, and even fatal injuries. Hitting the ground unexpectedly and suddenly due to a slip and fall can cause various significant injuries, such as:  

Bone Fractures

Older adults are especially at risk of major bone fractures, such as the pelvis, in slip and fall accidents in stores and businesses. However, victims of all ages can potentially break bones in serious falls. While a minor fracture may heal with little medical intervention, breaking a large bone can cause health complications, high medical costs, and a long recovery. 

Spinal Cord Injuries and Paralysis

Spinal cord damage from falls can include:

• Fractured vertebrae
• Nerve damage
• Herniated or slipped discs
• Severed spinal cord 

In the worst cases, spinal cord injuries can lead to chronic pain, permanently limited mobility, and partial or complete paralysis.  

Traumatic Brain Injury (TBI)

TBI can occur when a victim hits their head violently while falling. According to the Mayo Clinic, a moderate to severe traumatic brain injury can cause torn tissues, bruising, and other physical brain damage. TBI can result in long-term health consequences, medical complications, or death.

Back and Neck Injuries

Back and neck injuries can be common in slip and fall accidents and include sprains, strains, and tears in muscles and tendons. Whiplash, an injury typically associated with car accidents, can also occur due to the violent jolting of the head and neck in a fall.

Cuts and Lacerations

Falls on asphalt, broken glass, or debris can cause severe abrasions and lacerations. Deep lacerations require prompt medical treatment as they can cause significant bleeding and harbor infections. Deep cuts can also damage muscles and nerves. 

Facial and Dental Injuries

Injuries in falls can include cuts to the face due to hitting an object or the ground. Broken or loose teeth and other significant dental injuries can also occur in falls. Facial trauma such as a broken nose, broken jaw, or tooth loss can be painful and costly.

Who Is Liable for Slip and Fall Accidents?

Determining liability in slip and fall cases depends on where the accident occurred and who was responsible for maintaining the property. Your local and state laws will also be a key factor in determining fault.

1. Businesses and Commercial Properties

Businesses owe a duty of care to their customers and visitors to maintain safe premises. Common examples of business-related liability include:

• Grocery Stores and Retailers: Spilled liquids, fallen products, or improperly maintained aisles can result in injuries. Store managers must promptly address hazards and place warning signs when necessary.
• Restaurants: Slippery floors from spilled drinks or grease pose a serious risk to diners and staff.
• Hotels and Resorts: Wet pool decks, poorly maintained hallways, or unsafe staircases can lead to liability claims.
• Apartment Buildings: If you live in an apartment complex, your landlord is responsible for creating and maintaining a safe area for everyone who lives under their legal protection and those who pass through it. This includes fixing uneven walkways, repairing potholes, and removing icy surfaces from walkways and parking lots within a “reasonable” time period after knowing of the hazard.

If the business owner or property manager knew or should have known about the dangerous condition and failed to address it, they may be held liable.

2. Private Properties

Homeowners and landlords are also responsible for maintaining safe conditions for visitors and tenants. Examples of private property liability include:

• Residential Entryways: Ice, snow, or cluttered walkways can pose slip and fall risks.
• Rental Properties: Landlords must ensure common areas like stairwells, sidewalks, and parking lots are well-maintained.
• Social Gatherings: Homeowners hosting events must ensure their property is safe for guests.

3. Government and Public Properties

Slip and fall accidents can occur on government-owned properties, such as:

• Public Sidewalks: Municipalities are generally responsible for maintaining sidewalks and ensuring they are free of dangerous conditions like ice, cracks, or debris.
• Public Parks: Poorly maintained walking paths or playgrounds can lead to accidents.
• Public Buildings: Government buildings, such as courthouses or post offices, must be kept safe for visitors.

Claims against government entities can be more complex due to specific filing deadlines and immunity laws, which vary by state.

Steps to Take After a Slip and Fall Accident

If you are involved in a slip and fall accident, seek medical attention immediately, even if your injuries don’t seem severe. Some injuries, such as concussions or soft tissue damage, may not be immediately apparent. Be sure to document any injuries with your healthcare provider. Keep records of doctor visits, treatments, and any medical advice given.

If the accident happened on someone else’s property, such as a store, office, or public place, report the incident to the property owner or manager right away. Request a copy of the accident report, if available. In some cases, such as accidents in public buildings, a formal incident report should be filed with the appropriate authorities.

Next, use your phone or a camera to take clear, detailed pictures of the area where you fell, including the hazard that caused the accident (wet floors, uneven pavement, or poor lighting). Capture photos of any visible injuries, including bruising, cuts, or swelling, which may worsen over time. Note environmental conditions that contributed to your fall (weather, poorly maintained floors, lack of warning signs).

If anyone witnessed the fall, ask for their contact information. Witness testimony can be crucial in proving liability. If possible, ask witnesses to write down what they saw while the details are still fresh in their minds.

Be careful not to admit fault for the accident, even if you think you might have contributed to it. In some states, your own actions may affect your compensation, so avoid making statements that could be used against you. Don’t give a recorded statement to the property owner’s insurance company or your own insurer until you’ve consulted an attorney.

You will also want to preserve all evidence. If you were wearing specific shoes or clothing that may have contributed to the fall, don’t wash or dispose of them. These items could serve as key evidence in your case. Save receipts for any expenses related to the accident, including medical bills, prescriptions, and transportation costs if you had to seek medical care.

Let your own insurance company know about the incident, especially if your injuries require medical treatment. Your health insurance may also cover some costs initially. Don’t sign anything from the insurance company of the property owner before consulting with an attorney, as it could limit your ability to recover fair compensation.

Finally, contact a slip and fall attorney at Morgan & Morgan as soon as possible. An attorney can advise you on your legal rights, help you gather evidence and build your case, and negotiate with insurance companies or represent you in court if necessary.

Compensation for Slip and Fall Injuries

If you were injured in a slip and fall accident, you may be entitled to compensation for:

• Medical Expenses: Covers hospital bills, rehabilitation, medications, and future medical treatments.
• Lost Wages: Compensation for time missed at work due to your injury.
• Pain and Suffering: Non-economic damages related to physical pain and emotional distress.
• Property Damage: If personal belongings were damaged during the fall.

Morgan & Morgan’s slip and fall attorneys can help calculate the value of your case and ensure you pursue the maximum compensation possible.

What is a slip and fall accident?

A slip and fall accident refers to an incident where a person slips, trips, or falls on someone else’s property due to hazardous or unsafe conditions. These accidents are a type of premises liability claim, meaning the property owner or manager could be held responsible if their negligence caused or contributed to the accident.

Who is responsible for a slip and fall accident?

Responsibility for a slip and fall accident typically falls on the party who owns, manages, or controls the property where the accident occurred. This is governed by premises liability law, which holds property owners and occupiers accountable for maintaining a reasonably safe environment. However, determining liability depends on the specific circumstances of the accident.

Parties Who Could Be Responsible:

Property Owners

Residential or commercial property owners are responsible for ensuring their premises are free from hazards. If they fail to fix dangerous conditions or provide adequate warning, they may be held liable.

Property Managers or Tenants

In cases where someone other than the owner (like a tenant or property management company) is in control of the property, they could share responsibility.

Employers

If the slip and fall occurs at a workplace, the employer may be liable, especially if they failed to meet safety standards.

Government Entities

If the accident happens on public property (e.g., sidewalks, parks, or government buildings), a government agency may be responsible. Special rules and notice requirements often apply to these claims.

Maintenance Companies or Contractors

Companies hired to maintain or repair the property may be liable if their negligence led to unsafe conditions.

Can I sue if I fall on ice on government property?

Slip and fall cases on government property, such as city sidewalks, can be pretty complicated. This is because most jurisdictions have strict laws preventing plaintiffs from suing the government over such incidents. However, despite the tough regulations, most jurisdictions allow plaintiffs to sue, but only if they follow some strict requirements.

For example, the statute of limitations for bringing a lawsuit against a government agency is usually much shorter. In most jurisdictions, plaintiffs have as little as 60 days to bring a lawsuit against a government agency.

For this reason, it is always advisable to contact an experienced attorney as soon as possible. The attorney will ensure you beat these strict deadlines and also satisfy all other requirements of bringing such a lawsuit against public or private property if your case is valid.

How long do I have to file a slip and fall lawsuit?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

How do I prove a property owner is liable for my injuries?

Slip and fall cases aren’t easy to prove by any means. You’ll have to have evidence to support your claim, and you’ll also need the negotiation skills to advocate for the fullest extent of the compensation you deserve. Even some slip and fall lawyers have trouble doing this, but with Morgan and Morgan, you gain a powerful ally who’s well-versed in all aspects of premises liability law.

Here are the four steps of proving a property owner liable for your injuries.

1. Prove that the hazard existed on the property

This may sound unnecessary after sustaining a painful injury, but you’ll need to provide evidence that the hazard you fell victim to existed on the property. You can do this through photos, videos, and eyewitness testimony. However, every piece of evidence you bring must fully support your claim, and you should expect to face skepticism from the at-fault party.

2. Prove that the property owner knew the hazard existed

Winter weather can form hazards rapidly, and property owners might not notice that ice has formed on their property for some time. If you sustained an accident before they noticed, you might not have a legal claim, so you’ll have to show solid evidence that they knew of the hazard when you sustained your injury.

3. Prove the property owner had enough time to respond to the hazard

Once they’re aware of the hazard, the clock starts ticking. The property owner is legally responsible to fix the hazard within a “reasonable amount of time,” or they become liable for any damage. This time period varies from case to case, and it’s often one of the more difficult aspects to prove across all slip and fall cases. But, to reach a successful verdict,” you’ll have to prove this thoroughly, so make sure your slip and fall lawyer has experience in a situation like this.

4. Prove that your injuries were a direct result of the hazard

Once again, you may feel that this is an obvious step, but many victims have found themselves deep in legal disagreements about whether their injury occurred as a result of the accident or they stem from a previous condition. This is more common if you’ve suffered previous injuries, so make sure to bring medical evidence to support your claim.

Can I file a claim if I slipped on ice or snow?

Yes. Property owners are often required to remove ice and snow within a reasonable timeframe to prevent hazards.

Do I need a lawyer for a slip and fall case?

While not required, hiring a personal injury lawyer significantly improves your chances of winning fair compensation. 

One of the biggest risks of negotiating without an attorney is accepting a lowball offer. Defendants or their insurers often aim to resolve claims quickly and cheaply, taking advantage of plaintiffs who may not fully understand the scope of their losses.

A personal injury lawyer will calculate both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, mental anguish) to ensure you pursue the compensation you’re entitled to.

Attorneys bring extensive knowledge of personal injury laws and negotiation tactics. They can counteract common insurance company strategies, such as:

• Delaying Claims: To pressure you into settling quickly.
• Disputing Liability: Claiming there’s insufficient evidence of negligence.
• Offering “Quick Cash” Settlements: Tempting you to accept less than your case’s true value.

An attorney will gather evidence, interview witnesses, and consult experts to strengthen your claim. They can also present your case in court if negotiations fail, demonstrating to the other party that you’re serious about pursuing full compensation.

Contact Morgan & Morgan Today

No slip and fall accident or injury are completely the same. An experienced attorney at Morgan & Morgan can assess your claim, advise you on its value, and negotiate on your behalf to fight for the full and fair compensation you need and deserve to move forward with your life.

For over 35 years, Morgan & Morgan has fought For the People and recovered over $20 billion in compensation in the process. As the nation’s largest personal injury law firm, we have the size, resources, and know-how to negotiate slip and fall settlements. Otherwise, our army of over 1,000 lawyers is prepared to go all the way to court if necessary.

Hiring one of our slip and fall lawyers is easy, and you can get started in minutes with a free case evaluation.