Although the term “slip and fall” can sound like plain English, there is a legal aspect to it. It is a specific case that occurs in tort law. It involves a plaintiff that is claiming that their injuries occurred on a property owned by another person who did not perform the required duty of care to ensure that their property was safe. The defendant might find themselves liable for the injuries sustained by the plaintiff.
Question #2: What elements can lead to a slip and fall?
Answer: Slip and falls can happen due to a variety of causes. These causes can often time be prevented if more caution was taken. The location of the slip and fall is a contributing factor such as the fall taking place indoors or outdoors. When a fall occurs outdoors, factors like weather conditions, poorly maintained sidewalks, and potholes, can cause a person to slip and fall. Indoor slip and falls can be contributed to spilled liquids, cables, hazards on the floor, waxed floors, poorly done carpeting, and more. Injuries from any of these falls can be minor and serious in nature.
Question #3: Who can be the defendants in a slip and fall case?
Answer: The defendants of a slip and fall can vary and at times it can be more than one party. The party must have had a connection to the cause of the accident. The plaintiff must work alongside their attorney to figure out each party that contributed to the victim’s injuries.
Question #4: What does “constructive notice” mean?
Answer: This term is another way to say that a property owner or person in charge of maintaining an area safe should have known about a certain hazard that was present. For a constructive notice to take place, the hazard must have existed for a while, meaning someone could have discovered it had they done what they were supposed to. The person in charge has a duty of care to fix any hazardous conditions or warn people of the hazard that was discovered or should have been discovered by a reasonable person.
Question #5: What does a “Sweep Log” mean?
Answer: In order to protect themselves from a slip and fall claim, retail stores and other businesses have adopted the method of a sweep log. A sweep log refers to a log that describes and records when inspections were made to discover hazardous elements like spills, debris, and more. Employees are usually trained to identify a hazard within the facility. If there is an inconsistency in the sweep log, then a property might not be protected with simply having a sweep log. The sweep log has to be up-to-date and complete to be used as evidence in countering a slip and fall.
