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The Ditty with Slip and Fall

Slip and Fall is a case that results from civil wronging that did not arise from contracts and such. This is called a tort law and it covers the area of law where the two parties are not bound by any contract, and sometimes even, do not identify with each other. In general, tort laws are made for civil acts that cause substantial losses to one party, whether it was pure intention, neglect or through accident.

Slip and fall is a tort case, because it is on the assumption that the person slipped, fell, tripped with the idea that the owner of the establishment during the time of the injury had neglected attention to prevent a person from slipping. The tricky part is determining who’s who. Who was clumsy and who was attentive? Who tried to be careful but who was negligent? Slip and fall could be sometimes a confounding case.

Owners have two defenses against this tort case. The first one is the denial of negligence. For example, if a person tripped because he accidentally spilled liquid on the floor which caused him to fall down, it would not be the responsibility of the owner. By due diligence, the store owner wouldn’t have had the time to clean the spill, and he was not responsible for spilling the liquid in the first place.

The second defense of most owners is that the trip or fall is caused by the person himself, sans that they did not create their own accident conditions, but given the situation of the floor itself. In example, what of a woman whose high heels caught in the grills of a storm drain. Any normal person would have seen it, much less avoided it if they were wearing high heels. But the woman tripped and fell. Would you consider putting the blame on the owner for putting grills in that particular place?

Slip and fall cases rank the lowest in terms of worth though. A lot of these cases happen quite often because slip and falls are everyday occurrences. They end up getting dismissed because of lack of strength though. The slip resistance of most floors are more than enough, so it is usually credited to the victim’s carelessness.

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