The term “slip and fall” refers to a type of tort claim in which one party is injured due to a dangerous condition caused by the negligence of another. The injured party slipped and fell, despite efforts to avoid falling.
The injured party usually files a lawsuit in order to recover damages. Damages from a slip and fall may include medical bills, lost wages and pain and suffering. If a company or individual is particularly negligent, or knew of a dangerous condition and failed to repair it, the injured party may seek, and the jury may impose, punitive damages. Punitive damages are an additional fee that the negligent party must pay to the injured party.
History
Tort law developed from British common law and is based on the idea of a social contract with other members of society. When we go out in public, we do not expect to be exposed to dangerous conditions. We expect others, especially the government and corporations to protect us from dangerous conditions by correcting the problem as soon as it becomes known. When we are invited into the home or onto the property of another, we expect that the host will also protect us from known dangerous conditions. Likewise, when we invite others onto our property, we are charged with the same responsibility of warning others about known dangerous conditions.
Modern Application
Individuals injured slip and fall cases sometimes receive lesser monetary awards that individuals injured in other types of torts because the injured person is viewed as being partly responsible for the injury. It is a complete defense to a slip and fall lawsuit if the injured party sustained the injury completely due to the negligence of himself or someone other than the defendant. However, if the injured person was partially responsible for the cause of the injury, then the concept of contributory negligence is applicable. Contributory negligence reduces the percentage of liability of the defendant based on the negligence of the plaintiff or another party. Parties may be jointly liable for a slip and fall judgment if more than one party contributed to the dangerous condition.
What To Do If You Are Involved
If you are involved in a slip and fall injury, whether plaintiff or defendant, document exactly what happened through photos and written notes. Immediately contact authorities, whether it is a manager of the establishment, paramedics or police, to file a report. Do not make any public statements about what happened, and immediately contact a lawyer. Statements can be used against you in court, if a lawsuit is filed. Most importantly, remain calm. Quickly and calmly contact a lawyer to protect your rights and resolve the case in your favor.
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