Governed by the basic rules of negligence
Protecting victims from dangerous or defective conditions or obstructions
Personal injury cases related to slip and fall generally involve accidents that result when someone encounters an unsafe condition and then stumbles, overextends, twists or suffers other injuries caused when landing. Dangerous, defective and unsafe conditions can include cracked sidewalks, ice and snow, and potholes, broken floor tiles, and even objects on the steps. Indirectly dangerous, defective and unsafe conditions contributing to the severity of a person’s fall and resultant injuries may include missing handrails or poor lighting conditions.
Responsible parties must be identified at the outset of a slip and fall lawsuit. While fault can usually be traced to an individual landowner, employee or tenant who caused the hazard, there may be additional parties who exercised care, custody and control of the accident location. Potentially responsible parties include landlords, property managers, business owners, or the owner of the property. In most cases, one or more of these parties will have liability insurance covering the property.
Special considerations arise when a slip and fall accident takes place on public property. Historically, victims were completely barred from suing the government for negligence. Recently this rule has been amended by statute, and governmental entities may be sued in limited circumstances.