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Slip and fall/trip and fall accidents sometimes give rise to claims against a third party.  Typically, a claim will lie when the accident is the result of unexpected conditions, such as an uneven surface, a slippery substance or other dangerous condition. While such claims can arise from accidents that occur on the property owned, maintained or controlled by another, those accidents commonly occur at restaurants, supermarkets, retail stores, shopping malls and other places of business. The fact that one is injured as a result of a slip, trip, and/or fall does not necessarily mean that someone else is legally responsible for the injury. Responsibility will depend on whether the person or company that owns or controls the property failed to maintain the premises in a reasonably safe condition, failed to remedy dangerous conditions of which he was aware or should have been aware, or, if not remedied, failed to warn the public of a dangerous condition that they either caused or about which they knew or should have known.

In other words, the simple fact that someone falls and is injured does not mean someone else is responsible.  However, if the fall was caused by a condition on the property and that condition was the product of negligence on the part of the property owner or occupier, there may be a claim.  It is important that the injured person or their loved ones meaningfully consider the cause of the incident and, if there is any possibility that it was caused by the negligence of another, it makes sense to contact a slip and fall attorney.  It also makes sense to take steps to ensure that the scene and injuries are photographed, contact information for witnesses is secured and that any other information pertinent to the accident is documented.  Finally, caution should be taken when providing information to others, including insurers, through statements or the like and it typically makes sense to discuss doing so with a competent personal injury lawyer before doing so. 

At Harrison Patterson O'Connor & Kinkead, we regularly accept slip/trip and fall cases and are proud of our record of accomplishment in securing the best possible results for our clients.