According to the National Floor Safety Institute, over 8 million people seek emergency treatment for accidental falls each year. Additionally, the leading cause of ER visits in the U.S. is for falls, and over 800,000 people are hospitalized due to injuries sustained in a fall.
Slip and fall injuries often happen at work, but they also occur in public buildings. For example, a grocery store may have failed to put out a “Caution: Wet Floor” sign; or a business didn’t wipe up the melting snow tracked into the lobby; or there was a spill in an assisted living facility cafeteria that was ignored. If your injury was the result of a negligent person or company, you have the right to file a slip and fall claim for compensation. The experienced Kansas City injury lawyers at Peterson Law Firm understand that slipping on a wet floor can lead to serious injuries. Here’s what you need to know about slip and fall accidents, and we discuss the steps to take immediately after falling on a slippery, wet floor.
Slip and Fall Claims: Understanding Premises Liability in Missouri
Anyone who owns or controls a property can be responsible for a slip and fall injury. These people include landowners, tenants, contractors, and property managers, and they must all take reasonable care to manage and maintain the property they own or control. Premises liability refers to the legal obligation of property owners to ensure that their property is reasonably safe for those who enter or visit the property, and they owe a duty of care when people enter their premises.
Understanding Duty of Care
Duty of care is a legal standard that means property owners must be “reasonably sure” their property is safe for anyone who enters the property. Duty of care can be at issue in personal injury cases when the following happens:
- A dangerous or hazardous condition on the property poses an unreasonable risk of harm to visitors or those on the property
- The landowner knows or should have known about the danger and did nothing to rectify it
The extent of this duty depends on the status of the visitor:
- If the visitor was invited. If the visitor was invited, such as a shopper at a grocery store or a patient at a medical facility, the property owner owes a duty of reasonable care. This means inspecting for hazards, including icy sidewalks, wet spots, and other water hazards that could pose a danger.
- If the visitor is considered a licensee. This includes people who’ve received express or implied invitation to enter the owned property but don’t have a mutually beneficial commercial relationship to the owner. For example, this could include someone visiting the house of a friend. Property owners must maintain a safe environment, but they have a lesser duty than those considered an invitee.
- If the visitor was trespassing. If someone was on your property without permission, a property owner generally does not owe them a duty of care except to avoid intentionally harming them. You can’t deliberately set a trap to hurt a trespasser.
Making a Premises Liability Claim: Steps to Take After You Slip and Fall
The actions you take immediately following a property injury can significantly impact your ability to recover compensation. The following steps can help protect your legal rights:
Notify the Property Manager Right Away
It’s important to report the slip and fall immediately. Even if you don’t think you’re seriously hurt, you need to notify the store manager or property manager right away. Be factual in your account of what happened, and don’t apologize or downplay the incident. Don’t make statements like, “I guess I didn’t see there was water leaking from your freezer.” You don't want to take blame for something that wasn't your fault.
Insist on an Official Report
After you’ve fallen due to a wet floor in a public building, it’s critical that an official incident report be written. The owner or manager of the store or building should write this incident report and give you a copy before you leave the premises. If they refuse to give you a report or tell you they don’t have an incident report form, write down what happened yourself, making detailed notes about the following:
- The exact location of the incident—include the aisle, department, or stairwell where the fall took place
- The time and date the fall occurred
- The names of any employees you spoke with about the incident
- A description of what caused you to slip—be sure to include as much detail as you can. State if there was water or cleaning solution on the floor; water dripping from the ceiling; a broken bottle of juice; etc.
Take Photos of the Wet Area
If you’re physically able to do so, take pictures of the exact spot where you fell. Try to capture the reason for the incident—get a shot of the wet area where the slip and fall occurred, a broken bottle with liquid on the tile, or water dripping from the ceiling. Take close-ups of the area and get pictures from different angles. It’s important to preserve this critical evidence before the store or building maintenance crew has a chance to clean it up.
Gather Witness Information
If there were people in the store who witnessed your fall, it’s important to get their contact information. In a premises liability claim, unbiased third-party accounts can be especially critical for supporting your claim. Don’t rely on the store or property managers to gather this information for you, and don’t wait until a later date to try and find these witnesses.
Get to a Doctor Right Away
After your fall, it’s important to see a doctor right away, even if you don’t believe you were seriously injured. Some slip and fall injuries may not present right away—such as hairline fractures, soft tissue damage, or concussions. Prompt medical care helps ensure that your medical issues are addressed and documented. Be sure to explain to your doctor that you were involved in a slip and fall incident, and describe all of your symptoms in detail. If you’re experiencing dizziness, limited mobility, headaches, or pain, it’s important to tell your doctor. Additionally, it’s important to follow your doctor's treatment plan and attend all recommended follow-up appointments.
Preserve Evidence
Not only is it important to take photos of the area where you fell, it’s also important to preserve the clothes and shoes you were wearing during the incident. Any item on your body could serve as an important clue about the fall. Keep these items in a clean, plastic bag and don’t wash them, as this could destroy important evidence.
Track Your Medical Treatment
If you received any medical treatment, keep copies of your hospital intake forms, doctor notes, prescriptions, and discharge paperwork. You'll also want to track any expenses related to your injuries, such as:
- Medical bills
- Prescription costs
- Transportation to appointments
- Lost wages from missed work
- Out-of-pocket costs—including bandages and over-the-counter pain relievers
Saving all receipts and maintaining thorough records and documentation from the day of your slip and fall will be especially helpful if you choose to file an insurance claim or lawsuit.
Avoid Giving a Recorded Statement
It’s important to watch what you say in the days following your slip and fall. The insurance company for the store or property may call you asking for a statement. It’s best not to give a recorded statement or sign any paperwork without consulting the premises liability lawyers at Peterson Law Firm.
Insurance adjusters are trained to ask questions in a way that could make you inadvertently admit fault or downplay your injuries. They may also offer a quick settlement offer in hopes that you'll accept a lowball payout before understanding the true extent of your damages.
Only discuss the incident in depth with your lawyer and your medical providers. Avoid posting about it on social media, too, as insurance companies may monitor your online activity for posts that could be used to undermine your claim.
Possible Locations for a Slip and Fall
It’s possible to slip and fall in almost any location, but there are certain areas that may be susceptible to leaks, spills, and water problems. These areas may include the following:
- Grocery stores, retail stores, and shopping malls
- Restaurants or bars
- Sidewalks outside homes or apartments
- Stairwells in buildings
- Recreational areas such as waterparks or playgrounds
- Nursing homes
Contact Us
If you’re injured in a water-related slip and fall, and that fall was due to negligence, contact Peterson Law Firm. When you’re hurt due to a hazardous condition on someone else’s property, and you want to seek compensation for your injuries, we can help you make a premises liability claim. Read our results to learn how we’ve helped other clients after they’ve been injured in a slip and fall.