Slips, trips, and falls can cause serious and fatal injuries. According to Injury Facts, these incidents took 46,653 lives in workplaces and homes in 2022. The National Floor Safety Institute reports that eight million people go to the emergency room yearly for slips, trips, and falls. Nearly three million adults age 65 years of age or older obtain emergency room care from these accidents, says the Centers for Disease Control. One million of these require admission to the hospital.
Fractures, bruises, traumatic brain injuries, and spinal cord injuries result from slips, trips, and falls. The CDC ranks falls as the leading culprit for traumatic brain injuries. The byproducts of the trauma include concussions, memory loss, cognitive decline, behavioral changes, skill fractures, and loss of motor skills. By one report, roughly one out of every five spinal cord injuries arise from a fall. The incidents rank second as a cause of paralysis.
Slip and fall accidents are prevalent in the workplace, especially construction sites. According to the U.S. Bureau of Labor Statistics, over 47 percent of slip and fall fatalities in 2022 occurred in the construction industry. For employees injured in slips, trips, and falls, workers' compensation provides medical care and at least partial replacement of lost wages.
Those who slip, trip, or fall other than in the course and scope of employment must rely upon the premises liability law for recourse. California Civil Code Section 1714 requires everyone engaged in an activity to use reasonable care. Landowners or those who possess, control, or occupy land must take reasonable steps to keep lawful visitors and occupants safe from injury. Below, we examine how victims of slip and fall accidents and their lawyers establish an owner's or possessor's liability for damages.
Why Do Slips and Falls Happen?
Establishing liability for a slip, trip, or fall begins with determining the cause. Common conditions that create or facilitate slips and falls include:
*Liquids on bare floors
*Uneven floors, including those caused by uneven tile, or uneven rugs or carpet
*Inadequate lighting
*Objects, such as boxes, electrical cords, or food left on floors
*Insecure steps or rails
*Covered floor holes
*Ice and snow
Human error can create these conditions or unnecessarily expose those on premises to them. Consider the failure of a store employee to put a “wet floor” sign in an area recently mopped or with a spill or leak. Light bulbs do not get replaced or are not turned on. Employees do not regularly remove trash or fallen objects from areas. Loose steps, floors, or rails are not secured.
Who is Responsible?
California law subjects owners, occupiers, or those in control of real property or premises liable for negligently causing slips or falls. Depending on the specific premises, injured parties can seek compensation from parties such as:
*The owner, as shown by land records
*Store or other business owners
*Landlords
*Tenants
*Rental property managers
*Homeowner associations or condominium associations for slips and falls occurring in common areas of the development
*Companies managing shopping centers, recreational facilities, sports arenas, medical facilities, and other properties
The Recorder's Office of the county where the injury occurred should have the name of the owner. You might start with the tax office to readily find the deed by address. Many fast-food restaurants and other businesses are owned by a franchise. The store should have the franchisee's name, and you may search or contact the California Secretary of State's Office for the address of the franchise or other business owner.
Why is the Injured Party on the Property?
The duty owed by the owner, lessor, or controller of real property depends on whether the injured party represents an “invitee,” “licensee,” or trespasser.
Invitee. An invitee enters or occupies property with the express or implied permission of the defendant for that defendant's benefit. In this category, you will find shoppers, diners, customers of retail or wholesale businesses, and hotel or motel patrons. Property owners and possessors must keep the premises reasonably safe by inspecting the grounds and correcting defects that the owner knows or should have discovered from an inspection.
Licensee. If you're a licensee, you have permission to enter the premises, but you are a guest. You are likely not present to conduct business or benefit the landowner. Licensees typically include those attending a party or social gathering. Under California law, the defendant faces liability for failing to warn of known hazardous conditions.
Trespasser. Trespassers lack permission to be present on the premises. With regard to places of business, the implied permission to be present usually extends only to the hours of operation or for which the business is open to shoppers or the public. Those who enter hotels without any reservation or who are not attending conferences or other events are similarly trespassers. Such parties may hold landowners liable only for intentionally created hazards, such as traps.
What Evidence Do You Need of the Condition?
Images can speak significantly as to the type of condition or object that caused you to trip or fall. In particular, take note of a piece of fruit, vegetable, or other food. Should it appear discolored or flattened, it might supply evidence that it has remained on the floor for a significant period of time. This may help prove actual or constructive notice of the condition on the part of the premises owner or controller. Also, you may want videos or photographs of:
*The presence or absence of warning signs or barriers
*Liquid substances on the floor
*Leaked or broken bottles or jars
Sometimes, the clothing you wore at the time of the incident may have bleach, paint, or other stains that give clues of what spilled on the floor.
Video footage of the condition and fall can also come from premises security cameras. You or your lawyer can request that the owner preserve security camera content. Get the names of any employees, bystanders, or other witnesses of the fall and the condition and whether any of those persons took photographs or videos with their phones.
Give a Statement
If you slip or fall, promptly report the incident to the manager on duty. You likely will receive an incident report form to complete if you are physically able to do so. Describe the object or substance on which you tripped, slipped or fell. Note the time and location on the property. Provide names, addresses, and phone numbers of anyone, such as a family member or friend, who was with you or witnessed the incident.
Defeat the “Open and Obvious Defense”
California law relieves defendants of liability for slips and falls that arise from an “open and obvious” condition. Stated differently, a property owner or possessor has no duty to warn of hazards which are easily visible or ascertainable to reasonable person. In this category, you may find conditions such as uncovered holes, areas with significant wet spots, large boxes, and bright-colored objects in an open space.
Even with hazards that seem “open and obvious,” you might overcome the doctrine with evidence of distractions. This may include billboards or displays of merchandise or promotions.
