Catania and Catania | July 12, 2021 | Slip and Falls
A trip and fall is usually a situation where one falls over an object, an uneven surface, or obstruction; slip and fall refers to an incidence when, due to loss of traction to the ground through some slick or slippery surface that promotes the fall, a fall occurs. Both of these incidences fall under the premises liability law wherein the property owner is responsible for any particular injury based on keeping the premises safe. Injury claims may be filed by victims of either accident, provided negligence can be proved.
The clarity of these distinctions assists in determining liability and is essential in preparing the strongest possible case for damages.
What’s the difference between a trip and fall and a slip and fall accident?
Trip and fall accidents and slip and fall accidents differ based on the mechanisms causing the fall. In trip and fall accidents, an object or uneven surface strikes your foot to disrupt balance, causing you to fall. Slip and fall accidents result from a lack of sufficient traction between the footwear and the surface because of conditions that are either slippery or slick. Both types of falls can lead to severe injuries, such as fractures, sprains, or head trauma, depending on the circumstances and severity of the incident.
Common causes of trip and fall accidents include:
- Uneven surfaces like steps or thresholds that are poorly marked
- Clutter or objects obstructing the path, such as boxes in walkways
- Wrinkled carpeting or loose cables create tripping hazards
- Poor lighting that impairs visibility, especially in stairwells or parking lots
Common causes of slip and fall accidents include:
- Wet or oily floors, such as those in grocery stores or kitchens
- Spills that haven’t been cleaned or marked with warning signs
- Weather-related hazards like ice, snow, or rainwater on entryways
- Smooth flooring lacks proper traction, such as polished tiles without mats
Both accidents fall under premises liability laws, meaning property owners must maintain safe conditions to prevent such incidents. This would involve regular inspections, prompt cleanups, and proper lighting. Where negligence is established—such as failing to act against a known hazard—victims may seek compensation for injuries, including medical bills, lost wages, and pain and suffering.
Slip and Fall Accidents
Slip and fall accidents happen when you lose traction between your feet and the ground. During your slip and fall accident, you could injure yourself by falling onto something, trying to catch yourself as you fall, or impacting the ground.
How Do Slip and Fall Accidents Happen?
In most cases, losing traction will cause your feet to slip forward. You then lose your balance and fall backward. As you fall, you might try to catch yourself by throwing your arms back. You might also try to grab onto something or someone.
Some hazards that commonly cause slip and fall accidents include:
- Rain
- Spills
- Debris, like gravel
- Moist foods
- Floor wax
The most common slip and fall hazard in grocery stores is fruit. Grapes, bananas, tomatoes, and other kinds of wet fruit can burst when you step on them and create a slick spot on the floor.
What Are Some Common Injuries from Slip and Fall Accidents?
Slip and fall accidents can cause a range of injuries. The most common injuries occur to the buttocks, back, neck, and head.
Some injuries you might suffer after a slip and fall include:
- Fractured hip
- Broken vertebra
- Ruptured or compressed disc
- Whiplash
- Muscle strain in the back, hip, or neck
- Skull fracture
- Traumatic brain injury
You may also instinctively throw your arms backward to catch yourself as you fall. As a result, you could suffer sprains to the wrist, elbow, or shoulder. You could also fracture your wrist, hand, or arm.
Trip and Fall Accidents
Trip and fall accidents typically occur when your foot or leg catches on something while walking or running. You lose your balance and fall to the ground. You may injure yourself as you fall onto something or impact the ground. You may also injure yourself if you try to stop your fall.
How Do Trip and Fall Accidents Occur?
When your foot or leg becomes caught, you lose your balance as your momentum carries you forward. Since your leg is caught, you cannot step forward to catch yourself and regain your balance before you fall.
You may try to catch yourself by throwing your arms out or trying to grab something as you fall. You may also try to stop your fall by stepping forward with the other leg. As a result of the fall, the front of your body may impact the ground.
Some common causes of trip and fall accidents include:
- Wrinkled carpet
- Uneven flooring
- Raised threshold
- Objects on the floor
- Potholes
- Stairs or unmarked steps up
Many businesses with tripping hazards choose to mark the hazard with colored tape or a sign. But you might miss these markings unless you look straight at the floor.
What Are Some Common Injuries from Trip and Fall Accidents?
Trip and fall accidents can cause a range of injuries. In some cases, you can raise your arms to protect your face. You may also turn and roll rather than hitting the ground directly.
But most victims of trip and fall accidents cannot stop their falls, which means that they impact the ground with the front of their bodies.
Some common injuries from trip and fall accidents include:
- Sprained knees
- Sprained wrists, elbows, or shoulders
- Fractured hands, wrists, or arms
- Facial fractures
- Skull fractures
- Neck strain
- Bruising on the chest or abdomen
The most serious injuries happen when someone trips and falls from a height. For example, tripping down a flight of stairs or off of a rooftop can seriously injure the back, neck, and head. Severe falls can result in spinal cord injuries and traumatic brain injuries.
Steps to take after a slip or trip and fall accident
Taking the proper steps after a slip, trip, or fall accident can protect your health and strengthen your compensation case. Follow these steps:
Get medical help immediately
Documenting medical care will ensure that even minor injuries are documented and rule out more serious conditions. For instance, head injuries related to a fall may not show symptoms but could result in serious complications if left untreated. Documenting medical care creates a critical paper trail for your claim.
Document the scene
Take pictures of the hazardous conditions that caused the fall, such as a spill, uneven flooring, or poor lighting. If the fall occurred outside, capture environmental factors such as ice patches or broken pavement. These details show the property owner was negligent.
Collect witness information
Witnesses can provide a good account of the incident. Get the name, phone numbers, and brief statement of what they witnessed. Their testimony can be important for proving your case.
Report the incident
Inform the property owner, landlord, or manager of the accident. While at the scene of an accident in a store, ask for the manager and request a copy of the accident report. This ensures that there is a formal record of the incident.
Preserve evidence
This would include the clothes and shoes worn during the accident as it may reflect the hazardous condition – wet soles or broken heels. Also, save all medical records, receipts, and correspondence with the property owner.
Contact a personal injury attorney
An experienced slip and fall attorney will take you through the claims process, protecting the victim’s rights. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Slip, trip, and fall accident statistics
Slips, trips, and falls are among the leading causes of injuries at work and in public places. According to the National Safety Council NSC:
- In 2022, there were 865 worker fatalities due to falls; many were on the same level, not from height
- Hundreds of thousands of workers sustained injuries serious enough to require time off work
- Falls at the same level also contributed to 144 deaths, pointing to the dangerousness of the more mundane hazards
These incidents also translate into considerable economic costs: the NSC estimates that workplace falls cost employers over $17 billion annually in lost productivity, medical costs, and workers’ compensation claims. The figures point out how much economic damage is suffered because of preventable incidents, particularly among businesses within the high-risk industry.
Due to the nature of working conditions, falling incidents are more susceptible in industries such as construction, health care, and retail. Construction workers are more exposed to uneven surfaces and scaffolding, whereas workers in retail or healthcare industries may have to deal with cluttered aisles or wet floors.
In Florida, tourism and hospitality play a major role; thus, slips and trips are very common in hotels, restaurants, and theme parks. State reports indicate that slips and trips top the list of personal injury claims filed against businesses. The cost of such claims, in many instances, is much more than immediate medical expenses: damage to a business’s reputation and increased insurance premiums. Proper preventive measures, such as increased maintenance and personnel training, can greatly minimize these risks.
Holding a Property Owner Liable for Fall Injuries
Regardless of how the fall happens, you can seek compensation from a property owner or occupier under certain conditions. Premises liability cases rely on negligence law to impose liability on the person or business responsible for the property.
Under the common law, negligence requires proof of four elements:
Duty of Care
An owner or occupier of premises has a duty of care to protect guests and invitees from hazards on the property. This duty does not extend to trespassers.
Breach of Duty
The owner or occupier breaches the duty when they fail to exercise reasonable care in identifying and remedying hazardous conditions. Remedying hazardous conditions could include fixing them or warning guests about them.
Damage
The victim must suffer damage. In the case of an injury claim, your damages include your medical bills, lost income, and pain and suffering.
Causation
The breach of duty must cause the damage. Causation includes two parts. Cause-in-fact means the owner’s failure was an event in the sequence of events that led to the injury. Proximate cause means the injury was a foreseeable result of the owner’s failure.
Slip and Falls in Florida
Florida does not address the elements necessary for holding a property owner or occupier liable for a trip and fall accident. But Florida does have a slip and fall statute.
This statute addresses the standard of proof for a slip and fall on a transitory foreign substance. Under the statute, you must prove that the business knew or should have known that the substance was on the floor. You must also prove that the business should have taken steps to remedy it.
Under the statute, you can prove that the business should have known of the substance if it was on the floor for long enough that the employees or owners should have found it. You can also prove the business should have known about the substance if spills occurred regularly.
Legal Representation for Slip & Falls and Trip & Falls
Florida’s slip and fall statute makes slip and fall claims slightly different from trip and fall claims. You can rely on ordinary negligence to prove liability for a trip and fall. However, you need to satisfy both the statute and ordinary negligence law to prove liability for a slip and fall accident.
As a result, you should probably consult a lawyer when you have suffered an injury on someone else’s premises to determine whether your accident falls under Florida’s slip and fall statute.
Contact Our Personal Injury Law Firm in Tampa, FL
If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa personal injury lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.
Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656
We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.
