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Editorial

What Is a Slip and Fall Accident and How can I claim?

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Posted: 29th January 2025
Lawyer Monthly Editorial
Last updated 29th January 2025
an accident of a man worker at the construction site.
In this Article

What Is a Slip and Fall Accident and How can I claim?

Slip and fall accidents are a leading cause of personal injury in the United States, resulting in millions of claims every year. These accidents can happen anywhere—from private homes and workplaces to public spaces such as shopping malls and office buildings. In many cases, these incidents can result in severe injuries that can have long-lasting consequences. This article explores the high settlements associated with slip and fall accidents, the consequences of such accidents, compensation amounts, the difference between a slip and a fall, and notable case examples. It also looks at the possibility of settlements without surgery, as well as recent high-profile cases and legal updates.

What is a Slip and Fall Accident?

A slip and fall occurs when an individual loses their footing and falls, typically due to a hazardous condition such as a wet floor, uneven surface, or poorly maintained environment. While slip and fall accidents can be classified under general personal injury law, they are commonly tied to premises liability. This is the concept that property owners and occupiers are responsible for maintaining a safe environment for visitors. A property owner’s failure to repair a dangerous condition or to warn people about it can lead to liability in the event of a slip and fall accident.

What is the Highest Settlement for a Slip and Fall?

Slip and fall settlements can vary widely depending on the severity of the injury and the specifics of the case. While many slip and fall accidents result in smaller settlements, there have been some very high-profile cases that have led to multimillion-dollar settlements. For instance, in 2014, a woman who slipped on a wet floor at a shopping mall was awarded $12 million in damages for her injuries. This settlement is one of the largest of its kind and illustrates that serious slip and fall accidents can lead to substantial financial compensation, particularly when the injury results in long-term medical expenses or permanent disability.

"While settlements can vary, significant awards tend to follow cases where the property owner’s negligence was clear and where the injured party sustained life-altering injuries,” says Edward Friedman, a personal injury attorney at Friedman & Simon, LLP.

Wheeler and Khail A. Parris achieved a landmark $58,358,431 verdict for a Palmdale railyard worker who sustained serious injuries after falling onto a train car while carrying out electrical repairs.

What Are the Consequences of a Slip and Fall?

The consequences of a slip and fall accident can range from minor bruises to catastrophic injuries. Some of the most common injuries from slip and fall accidents include:

  • Broken bones (especially in the wrists, ankles, and hips)
  • Head injuries and traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Lacerations and contusions
  • Internal bleeding and organ damage

According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of injury-related death among adults aged 65 and older, which highlights the serious nature of slip and fall accidents in older populations. In addition to physical injuries, these accidents often lead to significant emotional distress and financial hardship, especially if the person is unable to return to work for an extended period.

How Much Compensation for a Fall?

The amount of compensation that can be awarded for a slip and fall accident depends on several factors, including the severity of the injury, whether the accident occurred on public or private property, and whether the property owner was negligent. In general, compensation can cover:

  • Medical bills: Past and future treatment costs related to the injury
  • Lost wages: Compensation for time missed from work due to the injury
  • Pain and suffering: Non-economic damages for physical pain and emotional distress
  • Punitive damages: In cases of extreme negligence, punitive damages may be awarded as a form of punishment for the property owner’s conduct

For example, in the case of Rainer v. Walgreens, the court awarded $1.3 million to a plaintiff who slipped on a wet floor and suffered a serious back injury that required surgery. In cases where surgery is not involved, settlements tend to be lower, but compensation can still be substantial if the injury leads to significant ongoing medical care or loss of income.

What's the Difference Between a Fall and a Slip?

A slip typically refers to a loss of balance caused by a slick or slippery surface, such as a wet floor, ice, or greasy substance. A fall, on the other hand, can occur due to uneven flooring, lack of handrails, or other obstacles that cause someone to trip and lose their balance.

Both types of accidents fall under the same legal principle of premises liability, but slips often involve issues related to floor maintenance, while falls can also be caused by structural issues such as broken stairs or potholes. In both cases, the property owner or occupier may be held liable if they failed to maintain the premises safely.

Slip and Fall Case Examples

1. $10 Million Settlement - Slip and Fall at a Grocery Store (2022)

In 2022, a woman in Florida slipped on a wet floor in a popular grocery store chain. The store had a known issue with water leakage, but they had failed to place proper warning signs or clean up the area. The woman suffered severe spinal injuries, requiring surgery and long-term rehabilitation. Her legal team argued that the store’s failure to maintain a safe environment led to the accident.

After a prolonged legal battle, the case was settled for $10 million. The settlement included compensation for pain and suffering, medical expenses, lost wages, and future care. The victim’s attorney, John Morgan of Morgan & Morgan, stated, "This case highlights how important it is for businesses to be proactive in maintaining their premises to prevent accidents like this. Property owners cannot simply wait until a tragedy occurs."

2. $7.5 Million Jury Verdict - Slip and Fall at a Hotel (2021)

In 2021, a woman in New York slipped and fell on a poorly maintained stairwell in a hotel. The hotel’s stairs had worn-out carpeting, which had become slippery, and there were no warning signs to alert guests of the hazard. The woman broke her leg in the fall, which required several surgeries, including a knee replacement due to complications from the injury.

The victim filed a lawsuit against the hotel’s owner for failing to maintain a safe environment. After a trial, a New York jury awarded the woman a verdict of $7.5 million in damages, which covered her medical bills, lost wages, and compensation for pain and suffering. The woman’s attorney, Thomas J. Henry of Thomas J. Henry Law, commented, “This outcome serves as a reminder to all property owners that they are legally obligated to keep their premises safe, and negligence will not be tolerated."

3. $4 Million Settlement - Slip and Fall on Wet Sidewalk (2020)

In 2020, a man in California slipped on a wet sidewalk outside a retail store. It was raining heavily that day, and the store owner had neglected to place any warning signs or mats to reduce the risk of slipping. The man sustained serious head injuries, including a traumatic brain injury (TBI), that required months of rehabilitation.

The victim's attorneys at Friedman & Simon, LLP filed a lawsuit against the store owner, arguing that the failure to maintain the property and warn customers about the hazard directly caused the injury. The case was settled for $4 million, which included compensation for medical expenses, long-term care, and pain and suffering.

Edward Friedman, a senior attorney at Friedman & Simon, LLP, remarked, "This case is an example of the type of severe injuries that can result from slip and fall accidents. Property owners must take responsibility for ensuring their premises are safe, especially when environmental conditions like rain create additional hazards."

4. $3.2 Million Settlement - Slip and Fall at a Supermarket (2020)

In 2020, a woman in Texas slipped on a wet floor in a supermarket that had recently mopped the aisles but failed to post adequate signage to alert customers of the wet floor. The woman fell hard, injuring her back and requiring multiple surgeries over the course of several months.

Her attorney, Jack O'Boyle from O'Boyle Law, filed a claim for damages against the supermarket for negligence. The supermarket argued that the woman had failed to pay attention to the wet floor signs, but evidence presented in the case showed that the store had not taken proper steps to warn customers. Ultimately, the case settled for $3.2 million, covering medical costs, pain and suffering, and compensation for future care.

O'Boyle commented, “This settlement sends a strong message to businesses that failing to take the necessary precautions to ensure customer safety can lead to significant financial liability.”

5. $2.5 Million Verdict - Fall at a Construction Site (2021)

In 2021, a construction worker in Illinois fell from a ladder while working on a construction site. The worker had been provided with a ladder that was unstable and improperly secured. The fall resulted in severe fractures and a traumatic brain injury (TBI), which required extensive surgery and rehabilitation.

The construction company responsible for the site failed to ensure that proper safety measures were in place, violating Occupational Safety and Health Administration (OSHA) regulations. The worker filed a lawsuit, and after a trial, a Chicago jury awarded him $2.5 million in damages for medical expenses, lost wages, and pain and suffering. The worker’s attorney, David McGlone of McGlone Law, emphasized, “This case underscores the importance of workplace safety. Employers are responsible for providing safe equipment and maintaining a hazard-free environment to protect their workers.”

Slip and Fall Settlements Without Surgery

Not all slip and fall cases require surgery for compensation to be awarded. In many cases, settlements can still be significant even if surgery is not involved. The key to these cases is demonstrating the severity of the injury and the impact it has on the victim’s life. Injuries such as soft tissue damage, sprains, or torn ligaments can result in long-term pain, rehabilitation, and physical therapy, which may lead to a fair settlement.

Thomas J. Henry, a well-known personal injury attorney at Thomas J. Henry Law, adds, “In some cases, a slip and fall injury can result in pain and suffering that affects a person’s ability to perform daily tasks. Even without surgery, compensation can be substantial depending on the severity of the injury and the impact on the individual’s life.”

Legal Developments and High-Profile Cases in 2023-2024

Recent legal updates in the field of slip and fall accidents have focused on the rights of employees and the responsibilities of businesses to maintain safe environments. For example, California’s Department of Industrial Relations has been actively investigating slip and fall cases in workplaces, particularly in high-risk industries such as construction. In 2023, a landmark case against a major retailer established the responsibility of businesses to implement safety measures to prevent slip and fall accidents in high-traffic areas.

Additionally, several states have seen changes to their statutes of limitations in slip and fall cases, with some extending the period in which a person can file a claim if they were injured on private property. Legal experts recommend consulting with a personal injury attorney as soon as possible after a slip and fall accident to ensure that evidence is preserved and deadlines are met.

Slip and fall accidents are a significant source of personal injury claims in the United States. While the amount of compensation can vary greatly depending on the details of each case, slip and fall accidents can lead to severe consequences for the victims. Seeking legal advice from a reputable law firm can help victims navigate the complex legal process and ensure they receive the compensation they deserve. For more information on slip and fall cases or to discuss a potential claim, consider reaching out to a qualified personal injury attorney.

RELATED: Slip and Fall Insurance Fraud 

Sources: Friedman & Simon, LLP, Jones Day, Morgan & Morgan, Thomas J. Henry Law

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