What Makes a Valid Slip, Trip, and Fall Claim?

Slips, trips, and falls can be complex in court. Establishing who is at fault can be a result of semantic gymnastics, back and forth anecdotes, and the luckily documented evidence such as video footage. 

Let’s discuss the slip and fall case of a woman named Delores Arp from Palm Beach, Florida. Arp was walking in a shopping plaza at Waterway East Association, Inc. when she tripped over a “loose” paver and suffered bodily injuries. In court, she stated that she was an “invitee” to the property when it was in fact proven that she was neither a paying customer nor was she even planning on going into the buildings of W.E. Rather, Arp stated she was taking a shortcut through the building. With the confirmation of Arp not being an invitee to W.E., they did not owe her their duty of care. 

A valid slip, trip, and fall claim is that which the victim is an invitee to the establishment and (when applicable) pays for the service of the association. When the duty of care is denied by way of wet floors, uneven floors, etc, the complex where the victim suffers injuries may be at fault and a settlement can be reached with the property owners.

For a slip and fall claim to be valid, the victim must prove that they have suffered injuries such as pain and suffering (emotional losses), physical injury (bodily harm), or financial losses (lost wages). This can include past and future medical expenses, rehabilitation, prescription medication, loss of ability to earn income, and more. The victim must also prove that the property owner was aware of or should have been aware of the hazard on the property, but chose to neglect its potential for an accident. 

If you have been injured in a slip, trip, and fall accident, contact the attorneys at Scher and Scher Law Group. Our attorneys have extensive experience in this field of personal injury law and we are determined to fight for the compensation you deserve. We’re here for you every step of the way as we are available 24/7 to answer any questions or to schedule a free consultation, including a free case analysis. Call us today at (954)-472-1000 or visit scherandscher.com