Interesting report on slip and fall

Posted on May 8, 2009 by Jason Krebs

CNA Insurance has put together a white paper reportt  with some interesting facts about slip and fall accidents or premises liability cases. Including the fact that "more than one million people suffer from a slip, trip or fall injury each year, and more than 16,000 die as a result of falls."

The report also makes a great point that as the population ages we will likely start seeing more slip and fall type injuries.

 With the aging baby boomer generation, the size and scope of this issue is expected to grow significantly. The National Floor Safety Institute (NFSI) estimates that between 2005 and 2020, the number of seniors in the U.S. will increase from 35 million to 77 million. Statistically, seniors are far more likely to experience a slip-and-fall accident. For those that are injured, the cost of treatment and recovery time is significantly greater than the average for non-seniors. According to the American Academy of Orthopedic Surgeons, these types of injuries are also the leading cause of hospital admission for older adults.

 

  

The report states that the insurance company see five major causes for slip-and-fall accidents:
1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility

I think that is pretty accurate.  I routinely see cases come into the office in which one or more of these five factors that are present in the facts of the clients fall.

 

 

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Slip and fall facts

Posted on December 30, 2008 by Jason Krebs

 Slip and fall accidents also known as trip and fall accidents come under the area of law known as premises liability. Depending on what type of “class” the injured party falls into determines what duty of care the injured party was owed.

Missouri recognizes 3 broad types or classes of plaintiff's for a premises liability case. 1) Trespassers, 2) Licensees’ and 3) Invitees.

A trespasser is a person entering the premises without consent.

A licensee is one who enters with consent of the owner or tenant but for the licensee’s own purpose. A social guest is most often considered a licensee.

An invitee is one who enters with the consent of the owner or tenant for the benefit of the owner or the tenant. They are also called a business invitee or a business visitor.

Invitees are owed the highest duty while trespasser are owed the least duty of care.

Here is a partial list of trip and fall or premises liability accidents covered under premises liability:

Broken sidewalk
Holes in parking lots
Uneven floors or broken ground
Broken elevators
Cracked or broken steps
Puddles of water or ice
Oil on parking lots
Broken railings
Debris on the floor
Hotel swimming pools
Falling merchandise

Slip and fall accidents can happen at:

shopping malls such as the Battlefield Mall, the Branson Landing or Tanger Outlet Mall
Hospitals such as Cox, St Johns or Skaggs
Office buildings
Apartments
Strip malls
parking lots or garages
Restaurants
Grocery stores
Hotels and Branson Resorts

A special category is public sidewalks and government owned property. Time is of the essence of all slip and fall cases, but especially those involving a personal injury on any governmental property including city or municipal governments. Many city charters and Missouri state law require that notice of claims be given, usually in writing, in a very short time period. Failure to do so may forever bar your claim. Typically the Statute of Limitations on a premises slip and fall claim is 5 years, however when dealing with a city or state government property notice of the injury must be provided in some instances in as little as 30 to 90 days depending on the particular government agency owning the property.  

Here and here are some additional things you should do immediately after a premises liability accident.

If you have been injured in a slip and fall or other premises liability action contact a premises liability  attorney or slip and fall lawyer immediately.

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