Indoor Slip and Fall Accident Conditions

Property owners and possessors have a duty to maintain their premises. If you trip, slip or fall on someone else's property, they may be legally responsible for your injuries if it can be demonstrated that your accident occurred because they did not take appropriate precautions or neglected to correct a problem.

Stairs

A property owner will likely be held liable for a slip and fall accident that occurs on their location's stairs if the owner was aware that the stairs were in poor condition. However, ignorance is not an excuse. The owner will also be found liable if the danger presented by the stairway's condition has existed long enough that they should have been aware of it. A property owner might be responsible for a slip and fall accident on the stairway if:

• Handrails are inadequate, missing or broken
• Steps are rounded or otherwise worn
• Stair treads have slippery surfaces instead of nonskid surfaces
• Stair treads have been waxed or polished without the posting of appropriate warnings
• Debris is left on the stairs

Elevators and Escalators

Slips and falls involving elevators can occur when there is dropping of the car, leveling issues or door malfunctions. In escalators, these accidents may result from a sudden, irregular movement of the escalator or when hands, feet, clothing or personal items become entrapped in the machinery. Because escalators and elevators are designed to carry passengers, property owners often have a higher legal duty with regards to these machines. Liability issues may arise if:

• The elevator or escalator is not properly inspected
• The equipment is not properly maintained
• Malfunctioning or damaged equipment is not withdrawn from use

Carpeted Floors

While floors covered with carpets, mats and rugs tend to be less slippery than bare floors, slips and falls can still occur, and the property owner might be deemed responsible if they have failed to properly maintain the floor. For example, a property owner will likely be held liable for slips and falls, on this type of flooring if:

• Carpeting is ripped, bulging or excessively worn
• Materials trapped in the carpet create trip hazards
• Mats or rugs are worn or have curled edges

Bare Floors

Property owners are expected to clean and maintain floors in a manner that minimizes the danger to people using the property. They may be held responsible for any slips or falls that occur if:

• A nonskid floor treatment is not applied in an area that requires it
• Signs or other warnings are not placed to alert people to a wet floor
• Spaces with wet floors are not closed off with adequate barriers
• Excessive amounts of wax or polish are applied
• Uneven amounts of wax or polish are applied, creating unpredictable conditions underfoot

To learn more about slip and fall accidents, property owners' responsibilities and liability issues, schedule a consultation with Kaufman & Lynd today.