Slip, trip, and fall accidents are the most common type of premises liability claim, and they’re often underestimated by the people who fell. A fall that seems minor at first can result in a fracture, a head injury, or months of physical therapy. The Law Office of Reuben J. Donig has represented Bay Area fall victims for 50 years, holding negligent property owners accountable for hazards they failed to fix.
Common Causes for Falls
Falls are frequently caused by wet or recently mopped floors without warning signs, uneven or cracked walking surfaces, poor lighting that hides a hazard, broken stairs or missing handrails, building code violations, and weather-related hazards on private property, like unaddressed ice or standing water.
Common Injuries for Fall Victims
Falling can lead to a variety of injuries, many caused by the instinctive attempt to break the fall. These injuries include:
- §Hip fractures
- §Traumatic brain injuries
- §Spinal damage
- §Wrist and ankle fractures
- §Torn ligaments and joint damage
These injuries are particularly common and severe in older adults and people with pre-existing health problems.
Proving Property Owner Negligence
A successful slip-and-fall claim generally requires showing that the property owner had actual or constructive notice of the hazard. In other words, the owner must have known about it, or it existed long enough that they should have discovered it through reasonable inspection. Furthermore, they must have failed to address it within a reasonable time. The standard of care owed to a visitor can also depend on why they were on the property in the first place.
Who Can Be Held Liable
Liability may fall on the property owner, a tenant or business operating on the premises, a property management company, or a maintenance contractor responsible for the area where the hazard occurred. It may also fall on a government agency if the fall happened on public property.
Slip-and-fall claims often come down to how well the hazard and the owner’s knowledge of it are documented. Property insurers and business owners know this, too, which means evidence tends to disappear. At the Law Offices of Reuben J. Donig, we move fast to help preserve this evidence and build the strongest possible case for our clients.
Frequently Asked Questions About Fall Injuries
What if there was a “wet floor” sign?
A warning sign doesn’t automatically protect a property owner from liability, especially if the hazard was still unreasonably dangerous.
What if I fell in a store and didn’t report it right away?
It’s best to report a fall as soon as possible, but a delayed report doesn’t necessarily prevent you from pursuing a claim. Document what you can and speak with an attorney.
Do I need proof the property owner knew about the hazard?
Yes, in most cases. Whether the property owner knew about the problem is often the central issue in a slip-and-fall claim, and it’s one of the clearest issues an attorney can help with.
