SLIP/TRIP & FALL LAWYER

Most people assume slip and fall accidents and trip and fall accidents are the same thing.  However, there is actually quite a large distinction between the two and these differences matter when legally pursuing compensation for injuries related to a fall.    

Slip and fall accidents are caused by slippery surfaces such as water or other liquids.  Other substances that may cause a slip and fall accident are treated flooring surfaces, ice, or algae and moss.  

Most times, when a person slips, their feet go out from under their body, causing them to fall backwards.  As such, common slip and fall injuries include Traumatic Brain Injury (from hitting the back of the head), low back injuries, hip fractures, and arm fractures.

On the other hand, trip and fall accidents are caused by uneven surfaces or when something is in a pathway.  Tripping incidents usually cause an individual to fall forward and commonly result in neck injuries, wrist fractures, and leg fractures.  

When thinking of slip/trip and fall accidents, many people automatically assume that they result in mostly minor injuries.  However, while slip/trip and fall victims don't fall from a great distance, the resulting injuries are often significant.  Many times, slip/trip and fall accidents cause severe and permanent injuries that are both painful and costly.  The following is a list of the most common slip/trip and fall injuries:

• BONE FRACTURES: Statistics show that bone fractures are the most common injury following a slip/trip and fall - especially for older individuals.  In fact, fall incidents are the leading cause of hip fractures.  Similarly, arm, leg, wrist, clavicle and rib fractures are also frequently reported after a fall accident.  In some cases, these bone fractures are severe enough to require surgical correction along with internal or external fixation.  

• BRAIN INJURIES: Fall accidents are the leading cause of Traumatic Brain Injuries (TBIs) in America.  Most times brain injuries occur after a fall when an individual's head impacts the ground.  However, some fall-related brain injuries are also acceleration/deceleration injuries - when the head comes to an abrupt stop and the brain makes contact with the interior of the skull.  Despite being extremely serious,  brain injuries are commonly, and mistakenly, overlooked by fall victims victims and personal injury attorneys.

• NECK INJURIES: Neck injuries related to a slip/trip and fall incidents occur when an individual's body abruptly and forcefully hits the ground, causing their head to either slow down or speed up faster than the muscles, ligaments and/or vertebrae in the neck can properly support.  The mechanism for fall-related neck injuries are very similar to a "whiplash" car accident injury and should not be overlooked or minimized.

• LOW BACK INJURIES: Most low back injuries occur when a fall victim's body hits the ground with great force.  Symptoms related to low back injuries usually appear immediately or shortly after the slip/trip and fall accident.  

Most fall cases occur when an individual is walking in a store or other place of business (as an "invitee") and unknowingly steps on a substance that causes them to fall.  This is what many people envision when they think of a "slip and fall" incident.  Many people are also under the impression that the fact that they fell in a store or place of business due to the presence of this substance automatically makes the business or property owner liable.   This, however, is not the case in Florida.

According to Florida Statute 768.0755, "If a person slips and falls on a transitory (not permanent) foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it." 

"Actual knowledge" of a dangerous condition is pretty self explanatory and easy to determine.  "Constructive knowledge", however, is a bit more complicated.  According to the statute, "constructive knowledge...may be proven by circumstantial evidence showing that (a) the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (b) the condition occurred with regularity and was therefore foreseeable."

So, how do you get this "circumstantial evidence" referred to in the statute?

• Video Surveillance: Almost every business establishment uses video cameras for security purposes.  These cameras are constantly recording and can capture your fall as well as the area where the fall occurred before and after the incident.  However, there is no law that mandates a property owner or business establishment must keep the surveillance video a certain length of time.  In fact, most surveillance video is recorded on a "loop", meaning new video footage will record over older video footage after a certain period of time.  Therefore, it is extremely important to attempt to obtain relevant surveillance footage as soon as possible.  Unfortunately, there is a very slim chance a land or business owner will provide you with surveillance video upon your request.  You will almost always need the services of an experienced personal injury attorney who can send the land or business owner a "spoliation letter" and, if need be, subpoena the footage during litigation.  

• Witness Statements: In the event a witness observed your fall, it is very helpful to get a statement (written or recorded) from them regarding the incident.  In fact, even if they didn't actually observe the fall, it may be helpful to get a statement from them regarding the condition of the area your fall occurred or actions taken prior to and/or following the fall.  However, most witnesses do not leave their contact information at the scene of an incident (and you can never depend upon the self-serving "incident report" produced by a business), so it is important you obtain this information immediately.  

• Business Records: If a condition occurs at a business establishment with regularity, there's a good chance that this fact appears somewhere in a business's records.  Obtaining these relevant records may help you prove the condition that contributed to your fall was, in fact, foreseeable.  However, the only way to obtain the records of a business or land owner is to subpoena them during litigation.