With the slick winter weather we are seeing a rise in the number of slip and fall incidents occurring in public places. Serious injuries, including broken bones, back injuries, and various types of strains and sprains are being reported.
Normal, healthy people rarely fall down for no reason. Careful investigation shows that most falls occur either as a result of someone else’s negligence, or as a result of poor design and construction of the area where the fall took place. Sometimes falls occur because of poor lighting or the absence of handrails or other safety equipment.
The first thing we do in any slip and fall case is a full investigation to determine why our client fell. Many times the location of the fall is not in compliance with the applicable building code. Building codes regulate such matters as the height of curbs, the placement of ramps, the permissible grade, and the requirement of handrails in certain locations. Often the fall can be attributed to failure to comply with one of these regulations. Falls can also be blamed on the failure to keep public areas free of ice, snow, and other debris. I handled a case years ago where a building owner failed to repair a leaky overhead pipe which allowed water to accumulate and freeze in front of an entrance. My client fell on the ice and it was a simple matter of reconstruction to see how the accident happened. The building owner was found responsible.
Sometimes the type of walking surface can cause a dangerous fall. Some surfaces which provide good traction when dry become dangerously slippery when wet. Landowners can be found responsible for injuries caused by such surfaces. This is why it is now common to see traction strips in stairwells and near building entrances.
Operators of public accommodations are obligated to provide a safe and secure environment for their patrons. Accidents continue to happen, however, and it is our job to investigate these accidents and to determine why people who ordinarily have no difficulty walking are seriously injured in unexpected slip and fall accidents.
— Kevin Palmer