The average person takes thousands of steps per day and millions per year, adding up to around 75,000 miles over a lifetime. But it only takes a single bad step to suffer a serious injury.
Adding insult to injury, slip and fall cases are often seen as frivolous. Slip and fall accidents happen frequently—but they don’t “just happen.”
When somebody slips or trips and falls, there is a reason why they lost their footing. They weren’t just “clumsy” or “not paying attention.” More likely, there was a hazardous condition that caused the accident.
Slip and fall claims may be common, but they’re almost never simple or straightforward, in part due to the many myths that surround slip and fall injury cases.
Myth #1: Slips and Falls are Not Serious
Everyone has, at some point, taken a spill. Many falls result in little more than embarrassment and some soreness. But a slip and fall can cause much more than wounded pride.
Slips and falls often result in sprains and strains, cuts and bruises, broken bones, head injuries, and other serious injuries. They can even be deadly. In fact, falls are the third-leading cause of preventable death, causing nearly as many fatalities per year as car accidents.
Myth #2: Slip and Fall Victims are Mostly Old and Frail
Age is just one risk factor that can contribute to falling. Falls—and serious injuries from falls—are more of a problem for people over the age of 65. But a major contributing factor to falls is a dangerous condition, such as an icy sidewalk or slippery floor, which can cause anyone, of any age, to have a slip and fall incident.
- Baylor University recently settled with a former student who slipped and fell on ice and injured his knee as he was walking across campus.
- Burger King paid nearly $8 million to a 48-year-old man who slipped and fell in the restaurant’s bathroom.
- Star NFL running back Reggie Bush recovered $12.5 million in a slip and fall accident lawsuit.
- Professional basketball player Aron Baynes severely injured his neck when he slipped on a tile floor in the locker room.
Myth #3: Slips and Falls are “Accidents”
Russell Kendzior, a former flooring salesman from Texas and the founder of the National Flooring Safety Institute, says that “Accidents are not predictable and not preventable. Most slips and falls are not accidents. They’re incidents.”
As an expert witness in slip and fall cases, Kendzior is called upon to testify for slip and fall victims about the negligence of property owners, such as:
- Clutter, debris, and obstacles in walkways/hallways
- Flooring that lacks the same degree of traction in all areas
- Lack of handrails on stairways
- Loose or unanchored mats
- Poor lighting
- Spills
- Uncovered cables
- Weather hazards
- Wet or oily floors
- Wrinkled carpeting or rugs
Myth #4: You Can’t Recover Money If a Slip and Fall Was Your Fault
Somebody who files a slip and fall claim against a property owner might receive a response to the effect of, “You should have looked where you were going.”
With large numbers of people walking around looking at their smartphones, there may be some truth to this argument in some cases. But even if somebody is distracted, and they slip and fall, it doesn’t mean that a property owner wasn’t negligent as well, and that they can’t recover compensation for a slip and fall injury.
Let’s say a supermarket shopper slips and falls on a slippery substance while checking their phone, and it is determined that their own actions contributed to their personal injury. It would then have to be determined what percentage of blame belongs to each party.
If the shopper is owed $100,000, for example, and their share of the blame is 25%, compared to 75% for the supermarket, the reward would be reduced by one-quarter, to $75,000.
Myth #5: You Can’t File a Slip and Fall Lawsuit if the Incident Occurred At Work
Slip and fall injuries are a major contributor to days away from work.
- Falls on the same level (as opposed to falls from height) caused 144 worker deaths in 2022, as well as more than 414,000 cases involving Days Away from Work, Job Restriction, or Transfer (DART), mostly due to shoulder, arm, back, and knee injuries, reports the National Safety Council.
- The Liberty Mutual Insurance 2023 Workplace Safety Index found that falls on the same level, including from hazards like wet, slippery floors, cost employers $8.9 billion, while slips and trips without falls resulted in $1.92 billion in workplace injury claims.
Usually, an injured worker cannot sue their employer for a workplace injury and must instead make a claim with the workers’ compensation system. But if the injury was caused by a third party, such as a contractor, it may be possible to file a work injury lawsuit and file a workers’ comp claim.
Third party work injury claims can occur in construction and other industries where employees are working alongside people employed by other companies, or among members of the public, such as motorists.
Myth #6: The Insurance Company Will Accept Your Claim
A slip and fall injury that causes minor injuries like bumps and bruises might not be worth filing a claim. But if you’re badly hurt in a slip and fall, making an injury claim may be necessary.
When a property owner is negligent, the owner’s insurance company is responsible for compensating you for your medical bills, lost wages, pain and suffering, and other losses. But don’t assume the insurance company will accept your claim. They might say it’s your fault that you fell, denying your claim or paying only a fraction of the amount you’re asking for.
At the same time, you are under no obligation to accept their offer—or lack thereof. You have the right to dispute the insurer’s valuation and demand more.
Myth #7: You Don’t Have to Hire a Slip and Fall Lawyer
You’ve decided the insurance company isn’t treating you fairly. Now what?
You can first try negotiating with them and presenting supporting documentation of why their settlement offer or denial is unfair. If that doesn’t work, your options are limited.
The Texas Department of Insurance only assists with complaints against your own insurance company—not somebody else’s. Insurance appraisal for resolving disputes also can’t be used to resolve disagreements with another person’s insurance company.
If you’re unsatisfied with the insurance claims process, your best option—and indeed your only option—may be to seek legal help from a Texas premises liability lawyer.
