Slip and Fall Accidents and Injuries: How Negligence Can Hurt Others

According to the National Floor Safety Institute (NFSI), slip and fall cases account for more than one million visits to hospital emergency rooms each year.

Why? Unfortunately, many slip and fall accidents could have been avoided and occurred due to mere negligence by the property owner.

A slip and fall can happen at just about any type of public venue, but most cases involve slipping on a wet floor at a business, such as a restaurant or a grocery store. 

Property owners and managers are legally obligated to keep public areas safe and free of hazards. If you slipped, fell, and were injured, you should meet with an experienced personal injury attorney who specializes in handling slip and fall cases. 

Below you can learn more about slip and fall accidents, negligence, and premise liability. 

How Does Negligence Cause Slip and Falls?

In personal injury cases, the injured party relies on a legal concept called negligence to prove that the other party was at fault for causing them harm.

When trying to prove that another person’s negligence was the cause of an injury, the first step is to establish that he or she had a duty of care in the situation where the injury occurred. 

The First Point to Prove: You Were Owed a Duty of Care

A plaintiff injured by the defendant's negligence needs to provide evidence that a duty of care was breached. In order to successfully win a lawsuit, the plaintiff needs to show that they sustained real injuries from that breach.

It is up to a plaintiff in an injury case to show proof that actions taken by the defendant failed to meet the level of care expected under the circumstances. But what is considered "reasonable" in one situation may be significantly more or less reasonable in another given scenario.

"Duty of care" is a legal obligation to avoid causing harm to others. For example, property owners have a legal obligation to act within a reasonable time when they are made aware of hazards to keep the premises free from known potential dangers and be aware of any new dangers as they present themselves.

The Second Point to Prove: That Duty of Care Was Breached

Once it has been determined that the defendant owed the plaintiff a duty of care, the next step is for the plaintiff to prove how exactly the defendant's actions were unreasonable. In other words, how does the defendant's act of harming the plaintiff make them legally responsible?

To return to the previous example, a property owner who was made aware of a hazard but put off removing it or cleaning up a spill has now breached their duty of care and has put others at risk.

In some cases, the defendant's negligence may not be solely responsible for injuries. 

If an injury is at least partly the plaintiff's fault, then his or her compensation will be reduced by their percentage of liability. This is known as comparative fault and is typically the rule of thumb for most personal injury cases in the United States. But there are a few states that use a contributory negligence system, meaning if the plaintiff is found to be at least one percent liable for an accident, they can't recover damages from any other defendants.

The Third Point to Prove: Negligence Caused Your Accident

The next component needed to establish negligence is proof that the plaintiff has suffered harm from the defendant’s actions (or lack thereof).

There must be a direct connection between the property owner’s negligence and your injury. Evidence like surveillance footage, witness statements, or maintenance records can establish that the hazardous condition caused your slip and fall.

You have a right to be safe from harm when on other people's property. This can include accidents caused by something unsafe or defective that they found there or because of the way the premises were managed. 

The Fourth Point to Prove: The Incident Caused Your Damages

Finally, you need to show that the incident caused measurable harm, such as medical expenses, lost wages, or pain and suffering. Documentation like medical records, pay stubs, or personal testimony about your experience can strengthen your case.

The Role of Evidence

Proving negligence often comes down to gathering robust evidence. Key forms of evidence include:

• Photographs: Capturing the scene of the accident, including hazards like spills, poor lighting, or uneven flooring.
• Video Footage: Security camera footage can show the conditions leading up to your fall.
• Witness Testimonies: Statements from others present during the accident can provide crucial context.
• Incident Reports: If you reported the incident to the property owner or business manager, a copy of their documentation can be valuable.
• Expert Testimony: Safety experts or engineers can testify about whether the hazardous condition violated safety standards.

Why Legal Representation Matters

Navigating the legal intricacies of a negligence claim can be overwhelming, especially when faced with insurance companies or corporate defense teams. An experienced personal injury attorney can help you gather evidence, interview witnesses, and negotiate a fair settlement—or present a compelling case in court if necessary.

Recent Examples of Slip and Fall Negligence Cases

Slip and fall accidents are not just inconvenient mishaps—they can lead to life-altering injuries that require expensive medical care and lengthy recoveries. Across the country, courts and settlement agreements have recognized the severity of these cases, awarding victims compensation to help them rebuild their lives. Below are some standout examples of recent settlements that illustrate the importance of having skilled legal representation in pursuing justice for slip and fall claims.

$689,000 for a Walmart Back Injury in Florida

Walmart, with its sprawling stores and bustling aisles, has been at the center of numerous slip and fall cases. In 2020, a Florida customer suffered a back injury after slipping on a hazard in one of its stores. Through meticulous investigation and skillful negotiation, the victim secured a $689,000 settlement. This case underscored the store’s obligation to keep aisles clear and to alert customers to potential dangers through proper signage.

$120,000 for a Parking Lot Fall at a Private School

A routine walk to the car turned catastrophic for a woman navigating a strip mall’s parking lot in Florida. Loose tiles and a lack of alternative paths resulted in her sustaining serious injuries. Thanks to a determined legal team that meticulously documented the conditions, the victim received $120,000—compensation that highlighted the need for businesses to maintain safe premises for their visitors.

$2.5 Million Cat Litter Slip in Los Angeles

In a case with dramatic courtroom stakes, a musician was awarded $2.5 million after falling on spilled cat litter in a grocery store aisle. The store argued the hazard had only been present for 24 minutes and attempted to claim the incident was staged. Nevertheless, the jury recognized the store’s failure to swiftly address the danger, awarding significant economic and non-economic damages.

$1.9 Million for a Slip on Ice in New Jersey

An untreated icy parking lot outside a restaurant resulted in catastrophic spinal injuries for one New Jersey diner. After years of medical treatment, including spinal fusion surgery, the victim was awarded $1.9 million. This settlement reinforced the critical need for property owners to mitigate risks in high-traffic areas, especially during adverse weather conditions.

$572,988 for a Grocery Store Fall

In a case involving an unknown slippery substance in a Walmart aisle, the victim suffered permanent injuries. A 2020 verdict placed 100% liability on the retailer, leading to a settlement of $572,988. This case highlighted the importance of vigilance in retail environments, where hazards can arise unexpectedly.

$7 Million Target Lawsuit for Door-Related Injury

A malfunctioning door at a Target store in Illinois struck an elderly woman, resulting in a traumatic brain injury. Diagnosed with a subdural hematoma, she underwent extensive medical procedures, including a craniotomy. The $7 million settlement reflected not only her significant injuries but also the store's failure to maintain safe equipment.

$759,252 for Outback Steakhouse Slip and Fall

One client fractured a shoulder after slipping at an Outback Steakhouse’s to-go entrance, where the floor was reported to be unusually slick. Initially offered $135,000 by the defendant, Morgan & Morgan’s team of attorneys secured a final judgment of $759,252, demonstrating the value of pursuing rightful compensation in court.

$5.58 Million for a Convention Center Trip and Fall

Loose wiring at a convention center caused a visitor to trip, resulting in a fractured foot. Morgan & Morgan attorneys proved negligence by demonstrating that the maintenance staff was aware of the hazard but failed to address it. The client was awarded an astounding $5.58 million in damages, underscoring the importance of maintaining safe public spaces.

Types of Damages You Can Recover

If you’ve suffered injuries from a slip and fall accident due to someone else’s negligence, you may be entitled to recover damages. These damages are typically divided into economic, non-economic, and, in some cases, punitive damages. Each category addresses a different aspect of the losses or harm you’ve experienced.

Economic Damages

Economic damages are intended to compensate you for the tangible, measurable financial costs associated with your accident. These include:

• Medical Expenses: Covers current and future costs for treatment, including emergency room visits, hospital stays, surgeries, physical therapy, medications, and assistive devices.
• Lost Wages: If your injury prevents you from working, you can recover compensation for lost earnings. This can include future lost earning potential if the injury results in a long-term disability.
• Out-of-Pocket Costs: Expenses such as transportation to medical appointments, home modifications, or hiring help with daily tasks.

Non-Economic Damages

Non-economic damages compensate for the intangible, subjective harm caused by your injury. These may include:

• Pain and Suffering: Compensation for the physical pain and emotional distress resulting from your injury.
• Loss of Enjoyment of Life: If the injury prevents you from participating in activities you once enjoyed, you may recover damages for this loss.
• Emotional Distress: In severe cases, injuries that cause anxiety, depression, or post-traumatic stress disorder (PTSD) may be eligible for compensation.

Punitive Damages

In rare cases where the defendant’s behavior was particularly reckless or egregious, the court may award punitive damages. These are meant to punish the at-fault party and deter similar conduct in the future.

Factors That Affect Damages

The amount of damages you can recover depends on several factors:

• Severity of Injury: More severe injuries, such as spinal damage or traumatic brain injuries, typically result in higher settlements or verdicts.
• Long-Term Impact: If the injury leads to permanent disability or chronic pain, the damages awarded may reflect these lifelong consequences.
• Level of Negligence: The degree of the property owner’s negligence can also influence the outcome of your case.

Challenges in Slip and Fall Cases

You might not realize at the time when you slip and fall that you have potentially sustained a long-term injury. While fractures, broken bones, concussions, and other related injuries are common, you may have multiple medical conditions or others that may not show symptoms for some time. 

You may be able to prove liability in a number of different ways, but eyewitness testimony and footage from cameras may be helpful. However, unlike with a car accident where you have access to mileage reports, a log for a trucker, police reports, and car or traffic cameras, no such evidence may exist in your slip and fall claim. This means that when proving your case for premises liability, you may have to rely on your firsthand account and any testimony from witnesses if they were present at the time of the accident. 

It can be challenging to recover compensation in a slip and fall accident. Personal injury lawyers play a crucial role in developing the strength of your case and then bringing it forward to court. Many premises liability cases can be resolved outside of court, but some may still go to trial. In that case, you want an attorney who has extensive experience and familiarity with this area of the law so that you can feel confident handing over management of your legal claim to them. 

Process for Slip and Fall Settlement Checks

During a premises liability case, you can expect to spend a considerable amount of time navigating through the court system. Be sure to hire an attorney who is experienced in the type of claim; he or she will work to expedite your case as much as possible. Unfortunately, the waiting game doesn’t end once the case is won.

First, a Document of Settlement will be issued. You and the property owner (or other at-fault party) will have up to 60 days to fill out applicable paperwork. The length of time will depend upon what the judge has ordered. 

One of the forms you’ll have to complete is a release. This document is worded to confirm that you will not pursue any further damages from the defendant. It’s important to read this document, as in most cases it only specifies that you won’t sue again for the same injury. If fourth injuries arise later, you may be able to seek compensation. 

You and your attorney will closely examine the document and ensure that everything is acceptable. You’ll then sign it in front of a notary and your attorney will both send a copy to the defense attorney and to the responsible insurance company. 

Finally, the insurance company, usually that of the defendant, will release a check. This check is typically sent to your attorney; he or she will be responsible for paying certain expenses from those funds. 

Frequently Asked Questions

How long do I have to file my premises liability lawsuit?

If you’ve been injured on someone else’s property, the first action you should take is to seek medical attention. Keep records of all documentations, including your bills, as they may be used as evidence should a lawsuit be filed. 

Once you’ve been checked out by a doctor, contact an attorney as soon as possible. The statute of limitations may vary depending upon where you live, so it’s important that you begin as early as possible. Your lawyer can tell you how long you have to file in your state. 

How long must I wait after my injury to receive my premises liability settlement check?

Your case may be straightforward or it may be quite complicated. You may have medical issues to deal with, insurance companies may not be cooperative, or you may not even be able to contact the responsible party.

For this reason, there’s no guarantee as to how long it will take to receive your settlement check, should you win. It may be just a few short months following your injury or you may have to wait over a year. Remain in close contact with your legal team to stay abreast of updates to your case. 

Can I sue for damages if I was trespassing?

Suing for damages while trespassing is a complex legal issue and depends on the circumstances of your case. Generally, trespassers have fewer rights to claim damages compared to lawful visitors, but there are some exceptions where property owners may still be held liable for injuries:

• Willful or Wanton Conduct by the Property Owner
  Property owners cannot intentionally harm trespassers (setting traps or using excessive force). If the injury resulted from intentional misconduct, the trespasser might have grounds for a claim.
• Attractive Nuisance Doctrine
  For children trespassers, property owners may be liable if an "attractive nuisance" (such as a swimming pool or construction site) entices the child onto the property and causes injury. Owners are required to take reasonable precautions to prevent such injuries.
• Negligence After Discovering the Trespasser
  If a property owner discovers a trespasser but acts negligently, resulting in an injury (not warning them of a known hazard), liability might arise.
• Dangerous Conditions Known to the Property Owner
  In some states, property owners may be liable if they knew about a dangerous condition and failed to address it, even if the injured person was trespassing.

How do hospital slip and fall cases differ from other claims?

When medical facilities fail to implement procedures and neglect to maintain safe conditions, patients could face severe, disabling, and life-threatening injuries in a fall.

However, hospitals, clinics, and emergency rooms should be places of recovery. Such facilities must keep patients safe, which means they could be liable for your injuries and financial damages after a fall. Medical facilities could be negligent in two ways:  

Premises Liability

Individuals who slip and fall in hospitals may be eligible to file a lawsuit against the facility under premises liability law. For example, you could have a case if the hospital failed to promptly remove hazardous conditions that caused your fall, such as debris on floors.

Medical Malpractice

In some cases, patients may be eligible to file a medical malpractice claim if they suffer injuries in a fall while hospitalized. Medical malpractice can arise if your doctors fail to observe the proper medical standard of care while treating you. For example, a claim can occur if you were prescribed multiple medications (polypharmacy), causing you to fall due to dizziness or confusion.

Do insurance companies offer low settlements to start?

It's a known tactic for insurance companies to come to the table with a low initial settlement offer in the hopes that the case will be resolved quickly. In these cases, the offer of "some money now" can be very tempting, but you should never sign any paperwork or agree to anything until your lawyer has run the calculations. Once you agree to a settlement amount, if you don't get enough money to cover your future medical bills, you're out of luck. Make sure you have a solid picture of what your life will look like so that you can determine a fair number with the help of your lawyer. 

What is a typical slip and fall claim worth?

There is no average settlement in slip and fall cases as damages are generally calculated by assessing the victim’s unique situation, which includes:

• Severity and scope of the fall injuries
• Consequences of the injuries on the victim’s life quality
• Medical bills and future expected medical costs
• Income losses and future expected loss of wages
• Costs associated with the injury, such as ongoing care or modifications of the home and vehicle

A settlement for significant injuries will likely include non-economic damages such as pain and suffering, loss of life enjoyment, and emotional distress. Such damages are subjective and assessed on an individual basis. The best way to determine the worth of your claim is by working with a qualified attorney who can calculate your damages comprehensively and fight for what you deserve.

Do I have to pay back my health insurer if I receive a settlement for medical bills?

Generally, when you receive a settlement for medical expenses, you will have to reimburse your private health insurance or Medicaid/Medicare, if applicable. Suppose your health insurance paid for $10,000 worth of your medical bills. If you receive a settlement of $10,000 for your healthcare expenses, you will be responsible for paying some or all of the amount your health insurance carrier paid for your treatment.

However, our lawyers can be by your side throughout the entire claim and handle the complex process of reimbursing your lien holders, which is called subrogation. Having a seasoned lawyer in your corner can be vital as they can usually negotiate down the amount your health insurer receives, meaning you could keep more of the compensation payment.

Can I receive workers’ compensation if I slip and fall at work?

According to the Centers for Disease Control and Prevention (CDC), slips and falls are some of the most common work injuries. However, if you suffer a fall at work resulting in injuries, you generally qualify for workers’ compensation.

The benefits that you could receive depend on your state’s workers’ compensation program but typically include medical expenses, income replacement payments, and others. However, if you are injured at work, you must report your accident to your employer as soon as possible and file an official workers’ compensation claim.

If you have trouble receiving what you deserve or have already had your workers’ compensation claim declined, Morgan & Morgan could help you recover the benefits you deserve.

What if my slip and fall involved an elevator?

Elevators are complex machines with many moving parts. This complexity comes with the inherent risks.
 
According to recent data, almost 17,000 people are injured on elevators and escalators each year in the United States. Between twenty and thirty people are fatally injured in elevator-related accidents annually.
 
Elevator mishaps are not as uncommon as many people believe.
 
There are many common causes of elevator accidents and injuries. Some accidents are unavoidable. But other accidents are the result of someone’s negligence or carelessness. 
 
For example, when an elevator has not been properly maintained or repaired, it can present dangers to passengers. Elevator negligence cases sometimes involve failure by an owner to maintain their property. 
 
In other cases, a defective mechanical part can cause the elevator to malfunction. It is important for victims to hold responsible and negligent parties liable for the damage that they cause.
 
Other common causes of preventable elevator accidents include:

• Failure to routinely inspect or maintain the elevator
• Operating elevators when they are undergoing repairs
• Inadequate fall prevention measures
• No barriers blocking open elevator shafts
• Lack of adequate training for elevator workers

There are many other circumstances that can lead to elevator-related accidents. When an accident is preventable, victims can pursue an elevator negligence case and seek financial compensation from the liable person or parties. 

Some common examples of elevator negligence cases include: 

Manufacturers, Repair Companies, and Maintenance Providers

Elevator manufacturing companies can be held accountable for the quality and safety of their products. This is true even if the warranty has expired.
 
In most states, these issues are regulated under products liability law. These statutes determine who is legally liable for defective products. The following parties can be held legally responsible:

• Manufacturers of component parts
• Product wholesalers
• Product retailers
• And more

In some cases, victims are injured as the result of a defective or flawed mechanical component. 

There are three primary types of product defects. These include:

• Marketing defects, like incomplete or misleading instructions
• Manufacturing defects
• Design defects 

In some elevator negligence cases, victims can hold elevator sellers and manufacturers accountable for defective products.

Repair and Maintenance Corporations

In many cases, a building’s elevators are repaired and maintained by third-party contractors. 
 
If a repair or maintenance company was negligent or careless, they may be responsible for an elevator accident. Like all complex machines, elevators require routine maintenance. 
 
Consider the following example. Suppose that a maintenance company fails to adequately oil the elevator cable. If the cable snaps or seizes up as a result, passengers may be harmed. 
 
In this case, the maintenance company could be held responsible for the damage that their negligence caused. If a property owner hires a third-party repair company, any negligence on their part may be grounds for a valid claim. 
 
Suppose that a repair company does not properly secure an elevator’s cable, causing it to slip. If passengers are injured as a result, they could pursue damages from the negligent repair company.
 
Even if you are alone when you are injured, your accident may have been caused by a negligent manufacturing or repair company.

Property Owners

Typically, building owners have the legal responsibility to maintain a safe environment on their properties. This includes keeping elevators and escalators functional and operational.
 
A property owner must maintain the elevators on their property. Failing to adhere to the suggested maintenance schedule can constitute negligence in some elevator accident cases.
 
Routine elevator maintenance must be conducted by qualified specialists. Typically, an elevator maintenance company handles this responsibility.
 
Some property owners rely on unqualified individuals for elevator maintenance. When this happens, they can be held liable for their negligence.
 
A building owner also has the legal responsibility to repair a broken elevator in a reasonable amount of time. When someone is injured as the result of an elevator in need of repair, the building owner may be responsible.
 
For elevators that need repair, property owners should take them out of service. Allowing people to use a broken elevator can be dangerous.
 
If a property owner knows that the elevator needs attention, allowing people to use it is negligent. Very minor repairs may be postponed, but serious issues should be addressed.

Morgan & Morgan Can Help

If someone’s negligence caused you harm, you shouldn’t bear the burden of the accident on your own. However, negligence can be difficult to prove.

That’s where Morgan & Morgan comes in. For over 35 years, we have fought For the People and recovered over $20 billion in compensation in the process. As the nation’s largest personal injury law firm, we have the size, resources, and know-how to take on even the biggest defendants and fight for the full and fair compensation you need and deserve to move forward with your life.

And with no upfront fees, you can begin working with us right away, regardless of your bank account.

If you’ve been injured due to a slip and fall, don’t wait to contact Morgan & Morgan. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.