15 Liability Factors in a Fall Case

© James Publishing

Surface conditions

What type of surface did you fall on? Was there a defect in the surface? Was the defect obvious?Was the fall the result of a slippery substance? Can the substance be identified?Did the fall involve an uneven surface, steep grade,steep stairs, or similar defect?

Lighting and weatherWhat was the lighting level at the time of the fall? Was lighting a factor?

What were the weather conditions at the time of the fall? Did weather play any role?

? ?

Posted warnings

Were any warnings posted about the defect? Where were they posted? If none were posted, could warnings have prevented your fall?

Legal violations

Did conditions on the property causing the fall violate a statute, ordinance, or other regulation?

Prior complaints and incidents

Had any similar incidents occurred on the propertypreviously?

Did anyone make complaints to the owner or otherresponsible party about the defective condition prior to your fall?

Subsequent repairs

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.

Were any warnings posted about the defect? Where were they posted? If none were posted, could warnings have prevented your fall?

Responsible parties and insuranceWas the property occupied by the owner or tenants?Do any leases or agreements alter which party is responsible for maintenance of the property?Do the property owners/tenants have adequateliability insurance?

Did conditions on the property causing the fall violate a statute, ordinance, or other regulation?

WitnessesWere there any witnesses to the incident? Will they testify that the fall was caused by the conditions on theproperty or that the fall was your fault?

Can any witnesses testify as to whether the owner orresponsible party knew, or should have known, aboutthe defect that caused your fall?

Admissions of fault

Have the defendant’s representatives or employees on the premises made statements admitting fault?

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.

Investigation results

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.

favorable or unfavorable

Was there an official investigation and were its results favorable or unfavorable?

Investigation results

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.

Had you consumed any alcoholic beverage withineight hours before the incident? If so, what did youdrink and how much? Can anyone testify as to yourcondition just before the fall?

Did you take any medications or other drugs that could have affected your alertness, such as sleeping pills,tranquilizers, barbiturates, or illegal substances?

DRUGS

Your attention or lack of attentionWhat were you doing immediately prior to the incident? Paying attention? Talking? Carryingsomething? Looking the other way?

What was your mental state at the time of the incident? Could it have caused inattention or inadvertence?

CAUTION

Have the defendant’s representatives or employees on the premises made statements admitting fault?

Your clothing and footwear Were you wearing any clothing or footwear that couldhave contributed to the fall, such as a long skirt, high heels, or sandals?

Do you still have clothes and footwearyou were wearing? Can a slipperysubstance, such as oil or grease, be found on them?

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.Was there an official investigation and were its results favorable or unfavorable?

Your physical conditionDo you have a physical impairment that could havecontributed to your fall? A physical impairment orphysical disability could increase or decrease the valueof your case depending on whether the owner of the premises is on notice that people with impairments visitor use the premises.

Were warnings posted or repairs made to the area after your fall? Although evidence of repair is often not admissible in court, the repair is very compelling in prompting settlement.

Your physical conditionWhy were you on the premises? Courts in some states treat people differently depending on whether they were on the premises for social purposes, for businesspurposes, or as trespassers.

Were you injured on your employer’s premises whileworking? If so, workers’ compensation may be yourprimary or only source of recovery.

?