Information About Different Causes
of Slip and Fall Injuries
There are a number of different causes of slip and fall injuries including holes, protrusions, foreign substances and snow and ice. Here, we will discuss foreign substances, snow and ice, defects in public ways, and when notice is required.
Foreign Substances
Many slip and fall injuries are caused by slip and falls on foreign substances. A few examples include grapes and liquid on grocery store floors. Three ways to prove liability are:
- Evidence that the owner caused the defect or knew of it.
- Evidence that the owner was in a place where he should have seen the defect.
- The condition of the defect evidences that it was there for such a period of time that the owner should have seen it.
In each case, you must prove that the owner had time to remedy the defect and failed to do so.
Snow and Ice
The mere failure to remove the accumulation of snow or ice is not a violation of the landowner's duty to exercise reasonable care.
In order to prove liability, you must evidence some act or failure to act changed the condition of naturally accumulated snow and ice, and the elements alone or in connection with the land became a hazard to lawful visitors.
Some examples of unnatural accumulation include:
- A leaking gutter causing ice to form on a step located below the gutter.
- A walkway covered in ice containing frozen footprints, ridges and chunks of snow.
Get the legal help you need. Call Robert Allison at 978-338-4209 or send us an e-mail.
Municipalities
A municipality can be liable for slip and fall injuries on their property and it's duty to lawful visitors is the same as that of an individual.
However, if a slip and fall occurs on a public way (i.e. street or walkway), the maximum amount that you can recover against the municipality is $5,000.00.
Notice
In certain types of slip and fall cases including slip and fall injuries on snow and ice and claims against municipalities, you must notify the landowner or person in control of the property within thirty days of the incident.
Call 978-338-4209 to learn how I can help you. Send an e-mail to our Salem, Massachusetts office.
