What is Considered a Hazardous Condition That Could Lead to a Slip and Fall Claim?
Slips and falls can happen anywhere, and they are very dangerous. Falls account for more than 8 million hospital emergency room visits every year, with many suffering from fractures.
If your slip and fall accident was caused by someone else’s negligence, you will want to file a claim for compensation. However, you will need to prove that a hazardous condition existed and caused you to fall. Here is a look at some hazardous conditions.
Wet or Slippery Floors
This is one of the most common reasons for slips and falls. Floors become hazardous when wet from spills, leaks, or cleaning activities. It can be hard for people to tell before they walk on the surface and lose their footing, especially if there are no warnings. Restaurants, grocery stores, and malls often see these hazards due to food and drink spills. Waxed or polished floors without proper slip-resistant coatings can increase the risk of falls.
Uneven Surfaces
Uneven surfaces are commonly found outside but can be found indoors as well. Cracked sidewalks, potholes, or broken pavement create tripping hazards. Loose floor tiles, torn carpets, or warped hardwood floors can catch a person's foot. Unmarked steps or curbs, especially in parking lots or staircases, can cause missteps. Property owners must maintain walkways and repair damage promptly to prevent injuries.
Poor Lighting
Dim or non-functional lighting in hallways, stairwells, and parking lots can obscure hazards. Without proper lighting, people may not notice changes in floor levels, obstacles, or spills. This is especially dangerous in apartment complexes, office buildings, and public spaces. Property owners must ensure light fixtures are maintained, and bulbs are replaced as needed.
Obstructed Walkways
Clutter, loose cords, open drawers, or misplaced merchandise can cause tripping. Construction sites or renovations often create hazards. Narrow or overcrowded aisles in retail stores make it difficult to navigate safely. Businesses and property owners should keep pathways clear to reduce risk.
Establishing Liability
To establish liability in a slip and fall claim, the injured party must prove that the property owner knew or should have known about the hazard and failed to address it. Elements of a slip and fall claim include:
- Duty of care. Property owners have a legal responsibility to maintain a reasonably safe environment for visitors, customers, or tenants.
- Breach of duty. The property owner must have created, ignored, or failed to fix a hazardous condition.
- The plaintiff must show that the hazardous condition directly caused their slip and fall.
- The injured party must provide evidence of medical expenses, lost wages, pain and suffering, or other losses caused by the accident.
Contact Us Today
Slips and falls are common premises liability accidents. If you have been injured by the action or inaction of a property owner who failed to properly repair, correct, or warn against a danger on their premises, you need reliable legal guidance on your side. The New Jersey premises liability lawyers at Leonard Legal Group are ready to help you file a claim. To schedule a consultation, give us a call at (973) 984-1414.