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Mayer B. Gordon
has been an attorney since 1975. He devotes his practice to representing injury victims.

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Mayer B. Gordon

SLIP AND FALL INJURY INFORMATION

 When someone is injured due to slip and fall as a result of unsafe property or building conditions, they may have a right to make a claim for their damages against the owner of the property. Many homeowners and business owners fail to secure a sufficient level of liability insurance to cover the amount of any damages from an accident on their property.

 Ideally, an accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting. The requirement for a report is generally a store or business policy, rather than mandated by law.

 Slip and fall accidents are personal injury and are one type of "fall down" accidents.

There are four general types of slip and fall accidents:

  • Trip-and-fall accidents, where there is a foreign object in the walking path.
  • Stump-and-fall accidents, where there is an impediment in the walking surface.
  • Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface
  • Slip-and-fall accidents, in which the interface of the shoe and the floor fails

     If the premises liability insurance is not sufficient to cover the claim, then the homeowner or business owner will become personally responsible for the damages.

     The landowner's duty to protect an entrant against slip and fall injuries on the land depends on how the entrant is classified. The entrant on the land can be classified as a trespasser, licensee, or invitee. The landowner's duties are different for each type of entrant. Of course, the landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees.

     A business owner has a duty to provide a safe place for its employees to work and its customers to visit. Claims against companies for slip and fall injuries resulting from the criminal violence of third parties on the companies premises has increased dramatically over the past 10 years. Because the perpetrator of a rape, armed robbery, or murder is often not apprehended (or even if he is apprehended he is usually judgment proof), victims are seeking compensation for their injuries from the employer or landowner.




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