Slip and fall
Encyclopedia
Slip and fall, in United States tort law
, is a claim or case based on a person slipping (or tripping) and falling. It is a tort
, and based on a claim that the property owner was negligent
in allowing some dangerous condition to exist that caused the slip or trip.
Property owners generally have two basic defenses to Public liability
slip and fall claims:
Because of a general perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of tort
s.
For slip and fall investigations, the incident walking surface slip resistance can be measured. The surface can be tested to identify if it is above or below accepted levels of slip resistance thresholds.
Special instruments are available to measure slip resistance. The pendulum tester is a national standard for pedestrian slip resistance in 48 nations on four continents, and has been endorsed by Ceramic Tile Institute of America since 2001. A common reference for safety is that the Pendulum Test Value should be 36 or higher under the conditions of use (wet, dry, etc.). The pendulum is also used in a test for Sustainable Slip Resistance
.
The BOT-3000 is capable of measuring wet static and dynamic coefficient of friction. The static test is specified in ANSI method B101.1
Static coefficient of friction is also measured by ASTM method C1028-07. However, many forensic experts believe that this method is not adequate for assessing safety.
The English XL Slip Meter, also known as a VIT (Variable Incidence Tribometer) is a portable "slip tester", designed to test the "slip index" on various walking surfaces, level or incline (even steps), under dry and wet (or otherwise contaminated) conditions by mimicking certain pedestrian bio-mechanical parameters. The English XL test method has been described by ASTM method F1679, but was later withdrawn with no replacement, and so no longer exists.
United States tort law
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes...
, is a claim or case based on a person slipping (or tripping) and falling. It is a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
, and based on a claim that the property owner was negligent
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
in allowing some dangerous condition to exist that caused the slip or trip.
Property owners generally have two basic defenses to Public liability
Public liability
Public liability is part of the law of tort which focuses on civil wrongs. An applicant usually sues the respondent under common law based on negligence and/or damages...
slip and fall claims:
- The first defense is that they were not negligent. For example, the owner may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligenceDue diligence"Due diligence" is a term used for a number of concepts involving either an investigation of a business or person prior to signing a contract, or an act with a certain standard of care. It can be a legal obligation, but the term will more commonly apply to voluntary investigations...
, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger. - The second and more typical defense is that the person who was injured was at fault. For example, the owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a banana on the floor, and take those steps necessary to avoid slipping on it.
Because of a general perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s.
For slip and fall investigations, the incident walking surface slip resistance can be measured. The surface can be tested to identify if it is above or below accepted levels of slip resistance thresholds.
Special instruments are available to measure slip resistance. The pendulum tester is a national standard for pedestrian slip resistance in 48 nations on four continents, and has been endorsed by Ceramic Tile Institute of America since 2001. A common reference for safety is that the Pendulum Test Value should be 36 or higher under the conditions of use (wet, dry, etc.). The pendulum is also used in a test for Sustainable Slip Resistance
Sustainable Slip Resistance
Sustainable Slip Resistance is a particular floor friction testing method and selection criteria for use in choosing and sourcing slip-resistant flooring that maintains good tribological characteristics over its life cycle to minimize slip and fall accidents...
.
The BOT-3000 is capable of measuring wet static and dynamic coefficient of friction. The static test is specified in ANSI method B101.1
Static coefficient of friction is also measured by ASTM method C1028-07. However, many forensic experts believe that this method is not adequate for assessing safety.
The English XL Slip Meter, also known as a VIT (Variable Incidence Tribometer) is a portable "slip tester", designed to test the "slip index" on various walking surfaces, level or incline (even steps), under dry and wet (or otherwise contaminated) conditions by mimicking certain pedestrian bio-mechanical parameters. The English XL test method has been described by ASTM method F1679, but was later withdrawn with no replacement, and so no longer exists.