What Is A Slip And Fall Lawsuit?

Are you asking Lawyer Joe what a slip and fall lawsuit is? Why, thank you! You already know that Lawyer Joe likes to beg for questions (and he's been known to make up his own when no one helps him), so I really appreciate that. Simply put, a slip and fall lawsuit is a case where the plaintiff claims to have been injured by falling in a store, where the injuries were caused by the defendant's negligence. Whew, that is a mouthful! Let's try to make some sense out of it by a little example.

You (the future plaintiff) head down to Bal-Mart to buy the latest copy of Lawyer's Digest. As you are heading to the right aisle, you suddenly slip on a puddle of pickle juice. It turns out that a jar of pickles had fallen off the shelves 30 minutes ago, and you walked right into the mess. As a result of this injury, you are rushed to the hospital and are told that you fractured your thick skull. You end up in the hopital for two weeks, and walk away from it with a pile of medical bills and lost wages (plus a pretty new scar).

What do you do next? I'll bet that you will call your personal injury attorney, if you haven't already. He will tell you that you have a slip and fall case, and you will nod with thorough understanding.

Of course your attorney will want to know about the pickle juice that caused your slip, and your actions as well. The slip and fall lawyer will note that the juice was on the floor for 30 minutes, so the store had constructive knowledge (a fancy legal word which means that the store didn't have actual knowledge, but they should have since the pickle juice was on the floor for so long). Since they had constructive knowledge of the juice, and a reasonable person would know that juice on a floor would reasonably lead to the type of injury that you sustained, your attorney will have a grin on his face that is a mile wide.

Now we are speaking generally, and particular laws do vary by jurisdiction, but let's sum up what we have discussed. A slip and fall lawsuit is a case where the plaintiff falls due to the defendant's negligence where the defendant had actual or constructive knowledge of the condition that would reasonably lead to the injuries which were suffered. Whew! That's still a load to swallow!


Got any other legal questions? Lawyer Joe is waiting to hear from you!