As kids, we all watched cartoons where people slipped on ice or a banana peel. The truth is that slip-and-falls are not funny. Defects such as liquid on the floor or steps and fruit peels in a grocery are potentially dangerous and can cause significant personal injury. Unfortunately, many people slip and fall due to the negligence of others. If you fall due to a defect like ice or water or a “transient condition,” it is important to act quickly. Snapping a picture of the defect that you fell on is helpful. Because these conditions can be cleaned or removed quickly, it is important to note where you fell.
A thorough investigation is equally important, so call a personal injury attorney. At my firm, The Law Offices of David Ascher, I immediately go to the scene of the accident to get photographs and find witnesses. An investigation is important because defendants, their insurance companies and their attorneys will aggressively fight these slip-and-fall cases.
Helping You Understand Your Rights
The law states that the defendant is not always responsible for every slip-and-fall case. To obtain a recovery in a slip-and-fall personal injury case, the plaintiff must prove that the defendant was negligent.
What does negligence mean in a slip and fall case? The plaintiff must prove that the defendant knew the condition existed and failed to clean it up within a reasonable time. The plaintiff can also prove that that condition (liquid, ice, banana peel, candy wrapper) was present for such a long period of time that the defendant should have known about the condition. This is referred to as “notice of the condition.”
Is there any other way to provide negligence? Yes, the plaintiff can demonstrate that the defendant created the condition. For example, there was leak which left water on the floor or the defendant sprayed vegetables in a supermarket which left water on the floor. Again, a thorough investigation is essential to proving these cases.
At The Law Offices of David Ascher, I often will hire a professional engineer to further develop a theory of negligence against the defendant in order to maximize your recovery in your personal injury case. For further information and greater examples of the law of slip-and-falls, please see “Recent Developments” in the law.