Everybody slip and falls at some point in their lives. If you are lucky, you stand up, shake off the dirt and embarrassment and you keep on walking and trying to act as if everything is fine and hoping that no one saw you take a tumble. People slip and fall at home, at work, they trip and fall at the mall, the grocery store, on the courthouse steps and in school hallways. You might emerge from a fall with a scab on your knee or in an ambulance on the way to the emergency department.

The National Safety Council (NSC) reports that falls are the third leading cause of unintentional death in the United States, accounting for nearly 32,000 deaths in 2014. The risk of falling rises with age. The National Floor Safety Institute estimates that falls account for over 8 million hospital emergency room visits, which makes falls the leading cause of ER visits (21.3%) slip and falls account for over one million visits or 12% of total falls.

Factors that contribute to a slip-and-fall accident injury

There are many different circumstances that can lead to slip-and-fall injuries including:

• Liquid that has spilled on the floor
• Malfunctioning escalator or elevator
• Ice and snow on a sidewalk or walking path
• Uneven pavement or stairs
• Torn or frayed carpeting
• Loose area rugs on smooth floors
• Freshly mopped or waxed floor surface
• Poor lighting

Sometimes, people just fall down. Not every slip, trip-and-fall is going to result in a property owner being liable for the injuries of the person who fell on their property.

Who is liable for slip-and-fall injuries?

If you are on someone else’s property and you slip and fall and injure yourself, can you sue the property owner? A slip-and-fall case can be complicated, and a business owner is not always liable every time someone takes a fall while on their property. The injured person has the burden of proof to show that the business owner’s negligence was the direct cause of their injury.  The plaintiff must be able to prove that the property owner was knowingly aware of the hazardous condition that caused the accident.

You must also consider what you were doing when you slipped. Was your nose buried in your cell phone so that you were not aware of where you were walking? Were there any other factors that might contribute to your having some degree of fault in the fall? On its face, a slip and fall case might seem simple, but the injured party must be able to provide enough evidence to prove that the property owner’s negligence was the direct cause of your fall and your injury.

If you should slip-and-fall on someone else’s property and suffer a catastrophic injury such as a traumatic brain injury or a serious back or neck injury, you may wish to consult with a Knoxville premises liability lawyer who will discuss your case and review your legal options.

At Banks and Jones, our Knoxville personal injury lawyers meet the toughest challenges head-on. Regardless of how difficult your case may be, our attorneys are prepared to fight relentlessly for you. Call 865-546-2141 or contact us to schedule a consultation to discuss your case with a member of our team. We always Play 2 Win when it comes to your future.