Memphis Slip and Fall Accidents

Liability for injuries sustained in slip and fall accidents, similar to other areas of personal injury law, will often be analyzed under the legal framework of negligence. Negligence claims require injured plaintiffs to prove the following legal elements: duty, breach, causation, and damages. In Tennessee, for example, property owners have a legal duty to act in a manner that is reasonable under the circumstances. Breach of this duty is often established by showing that a property owner created a dangerous condition or had notice of a dangerous condition but failed to take reasonable steps to address the situation or make it safe. Examples of dangerous conditions that can give rise to slip and fall liability include:

• Wet floors
• Leaking coolers or freezers
• Poorly lit or maintained stairs
• Broken steps
• Improperly maintained parking lots
• Rotten floorboards
• Sudden and unexpected raises or drops
• Objects or equipment left lying around

One can slip and fall almost anywhere, and it is estimated that slip and falls account for over 1 million emergency room visits each year in the United States alone. Common personal injury claims arising out of a slip and fall occur at commercial establishments like restaurants, grocery stores, big box department stores, shopping malls, construction sites, arenas, salons, and public places. They may also occur at another person’s home or inside of an apartment complex. A slip and fall lawyer can help Memphis residents bring a claim in any of these situations. Victims can sustain critical injuries, like broken bones (arm, wrist, leg, ankle, hip, etc.) that require surgery and physical therapy.

No matter how or where the injury occurred, proof of the dangerous condition is always critical in premises liability cases. Establishing actual or constructive notice can also go a long way in building your case. Proof can come in many forms, including photographs, video footage, witness statements or testimony, incident reports, and more. Injured victims should take photographs of the scene and area in which they fell, obtain contact information of witnesses, and request a copy of the incident report from the business or location of the fall.

By consulting with an experienced slip and fall attorney in the Memphis area, injured victims can put themselves in the best position for obtaining the evidence they need to prove their case and successfully obtaining recovery for their losses. One step could include sending the property owner a letter demanding preservation of evidence. If spoliation of evidence occurs, critical documentation, such as camera footage, may be altered, lost, or destroyed in the ordinary course of business, making it important to begin the process of investigating a fall as soon as possible. The skills of an attorney experienced in slip and fall cases will also be invaluable for defending against accusations by the defendant property owners and their insurers that may attempt to place blame on the injured victim. Legal issues could also arise as to whether the injured victim would be considered an invitee, licensee, or trespasser.