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Slip and Fall Case Checklist

Most premises injuries occur as the result of a slip and fall accident. Negligence is the most frequently asserted theory of liability in these cases. Accordingly, our client’s must prove that the injury was related to some unreasonably dangerous condition that existing on the premises and that the defendant was either aware of the existence of the hazard or, in the exercise of proper care, should have been aware of the hazard.

The following general checklist may be used in all premises slip and fall cases, regardless of the type of property involved in the accident. Essentially, it traces the major elements of a slip and fall cause of action. We use this checklist during the initial preparation of a case in order to facilitate thorough investigation and discovery.

Background information

• Date and time of accident
• General description of scene
• Weather conditions at the time of the accident
• Prior accidents at the scene
• Accident site photographs
• Drawing or sketch of premises
• Design plans
• Incident report
• Lighting

Plaintiff’s background

• Age
• Occupation
• Handicap or physical deformities
• Use of corrective devices – Glasses or Shoes
• Prior Civil litigation
• Wearing apparel

Type of property owner

• Residential property – Homeowner or Landlord-tenant
• Commercial property – Retail shopping establishments, Hotel-motel, Recreational facility, Restaurant or Public transportation terminal
• Governmental property – Local, State or Federal

Location of the accident

• Floor
• Entryway or exit
• Stairway or step
• Elevator or escalator
• Parking lot

Standard of care

• Injury occurred on or off the premises
• Plaintiff’s status – Invitee, Licensee or Trespasser
• Statutory violations

Ownership and control

• Deed
• Lease or ownership agreement
• License, easement, etc.

Injuries

• Medical reports
• Medical history
• Future medical problems
• Hospitalization-surgical records
• Medication

Maintenance

• Obligation to maintain
• Obligation to inspect
• Cleaning and waxing substances or products used
• Frequency of care and inspection
• General procedure
• Warnings

Standards, codes, specifications

• Official government standards
• National trade association standards
• Local building codes
• Owner’s standards
• Architect’s/engineer’s plans or specifications

Notice

• Length of time defect existed
• Statements of defendant’s employees or agents
• Seriousness of the defective condition
• Who created the defective condition
• Prior lawsuits
• Written or oral complaints about the dangerous condition
• Was dangerous condition discoverable upon inspection?

Expert Witness

• Education
• Experience
• Prior testimony
• Bias
• Publications
• Certifications
• Memberships

Defenses

• Contributory negligence
• Assumption of risk
• Sovereign immunity
• Statute of limitations
• Statutory privilege

Insurance policies

• Amounts
• Coverage
• Umbrella coverage
• Exclusions

Quick Slip And Fall Facts:

Slip and falls are the second leading cause of injuries and deaths after car accidents. Every hour an older adult dies as a result of a fall. The most common injuries resulting from slip and falls include, herniated disc, head injury and/or a knee injury. Learn more from Alan Sackrin, an expert slip and fall lawyer.

 

Want to Know More?

Since 1982, Alan Sackrin has represented clients throughout Florida in recovering monetary damages for slip & fall, trip & fall, and other premises liability injuries. Alan is a Board Certified Civil Trial Expert that strives to maximize the amount of compensation his clients’ receive for their claim.  Alan brings a high-level of skill and knowledge to his slip and fall cases and he offers a free initial consultation.

See: Sample Case Verdicts and Settlements

Related Slip and Fall Topics

Please feel free to read our other slip and fall (trip and fall) related articles and fact sheets, including:

• 6 Environmental factors that can cause slip and fall accidents
• 4 Factors that determine the types of injuries from a slip and fall
• Slip and Falls in Hotels and Motels
• Slippery Conditions in Restaurants
• Condominium and HOA Slip and Fall Injuries
• Sample Slip and Fall Lawsuit

Do You Have a Question?

Please fill out the “Talk With An Attorney” form above to ask a question or you can call Alan Sackrin at 954-458-8655.  He promises to get back to you promptly.  Ask now.

Learn More: See Our Slip and Fall Resource Page