If I asked: “Have you ever fallen down?” You might say: “Been there, done that”. In most instances, the fall is minor; you are no worse off for it, you dust yourself off and are back on your way. However, trips and falls or slips and falls can often cause serious injury, even death. The leading cause of nonfatal injuries treated in emergency rooms across the country are falls. And, in increasing numbers, falls can be fatal.
Studies have shown that at least 60% of all falls are related to slipping or tripping. What causes that to happen? Typically, defects in a walking surface, a puddle, an uneven brick, a cracked piece of pavement, a design flaw or similar issue causes a person to fall. While a flaw may be obvious, creating comparative fault to the person encountering it, the owner or manager is still comparatively liable for allowing the condition to persist. In most states, liability becomes an issue of comparing the negligence of the two parties and coming up with an appropriate percentage of fault. On the other hand if a flaw or danger is not obvious or concealed, liability may be 100% attributable to the premise owner.
If you fall in your own home, obviously, you are responsible for the consequences. Homeowners coverage does not extend to you in your own home; it extends only to others on your property. If you fall on someone else’s property because they did not maintain the area safely, you may have the right to pursue a premises liability/slip and fall case. If are uncertain of your rights to pursue litigation, seek the opinion of an experienced personal injury attorney. Find out what your legal rights are and what options exist in terms of compensation.