SLIP / TRIP AND FALL

Cause and fault is the central issue in disputes involving incidents where a person falls. The defense usually wishes to assign responsibility to the plaintiff. The plaintiff usually tries to establish that hazards in the environment precipitated their fall. While the condition of the walking surface contributes to the argument, other offending elements in the physical environment strengthen the plaintiff’s case.

Key issues:

• What is the physical environment where the fall occurred?
• What is the condition of the floor where the incident occurred?
• Was the surrounding building in compliance with the governing code?
• What codes and standards, and which edition of the codes and standards, govern the building or construction where the incident occurred?
• Could the incident have been prevented?

For a more extensive treatment of this topic, please see the article Success in Slip and Fall Cases Depends on Discovery and Presentation