The term premises liability often refers to a category of cases known as slip and fall cases.although falls are most common to people over the age of 65, anyone can have the following accident. According to the National Safety Council false hope leading cause of nine fatal injuries treated in the emergency room. Every second of every day in the United States an older adult falls making false number one cause of injuries and deaths from injury among older Americans. In 2014 alone older Americans experienced 29 million falls causing 7 million injuries and costing an estimated $31 billion in annual Medicare costs, according to a report published by the center for Disease Control and PreventioCommon Causes of Slip and Falls.
In order to prevail in a slip and fall claim the injured victim (plaintiff) must show that the hazard was the result of activities of the defendant or the failure to act was the result of the defendant's failure to reasonably maintain the premises in a safe manner.
Studies show that 60% of all falls related to his slipping or tripping incident such likely causes as a foreign object on the walking surface, a design flaw in the walking surface, slippery surface caused by the weather or a spill.
In order for a slip and fall victim to one such cases, it must be proven that the owner of the premises either cause the damage to the walking surface; new love. The dangerous spot and did nothing about it; or should have known about the dangerous service because it should have been discovered, reported, or repaired by the premises owner. A critical element in all these cases is that there must be some type of hazard if a negligence action is to succeed.in supermarkets most falls are caused by wet or contaminated floors. quite often merchandise or debris on the floor are common causes of supermarket slip and fall accidents. To a much lesser degree, structural failures and defects in the walkway surface, to play as a cause of negligenceBurden of Proof
The injured victim, the plaintiff must show that the hazard was the result of the activities of the defendant or the failure to act was the defendants breach of his duty to reasonably maintain the premises in a safe manner.Critical Elements
How does the plaintiff establish the store had a hazard where customers were walking and shopping? in most cases the hazard is self documenting and does not require expert testimony to establish the existence of a hazard. Any substance that may have fallen on the surface can usually be established, i. e. vegetable matter, liquids and other debris fall into the same general category.Notice
In most slip and fall cases notice is the main issue. The defendant has a duty to keep the premises reasonably safe and to inspect for defects. Potential hazards. The store owner must discover and correct reasonably anticipated dangerous conditions. However, the store owner is not negligent unless he actually knew or reasonably should have known of the dangerous or defective condition in sufficient time before the accident to have either remedied the condition were provided warning or protection against it.an important element of the store owners do the is to inspect and maintain the premises in a safe manner and to correct any defects found during the inspection. To be effective, the inspections must be frequent enough to reasonably identify hazards so that corrective action can be promptly taken.West Palm Beach Personal Injury Attorney
The law offices of, Jessica Mishali is a highly experienced and knowledgeable personal injury wrongful, handling a wide range of personal injury matters. If you have been the victim of the slip and fall case. Please contact our office at (561) 833-2772 for a consultation or contact us online.