If you’ve recently suffered injuries from a fall due to unsafe conditions on someone’s property, you may be looking into your legal options. Many premises liability accident lawyers in New York use varying terminology across their websites, often saying things like “trip,” “slip,” and “fall” interchangeably, but these words carry distinctions. While confusing the words “trip” versus “slip” when describing your claim may seem like an innocent enough mistake, it could have rippling effects that ultimately affect your case outcome.
Below, our trip/slip and fall accident attorneys from Ross & Hill explain the key distinctions in this terminology under New York law so you’re better prepared to enter the claims process with confidence.
Looking at the Legal Distinctions Between “Trip” vs. “Slip” and Fall Cases
Falls are one of the leading causes of death globally. In 2023 alone, over 47,000 people suffered fatal falls in their homes and at work. But why and how are these falls happening?
Falls typically happen in a few ways:
- Falls from an elevated surface: These accidents happen when an individual falls from a significant height, causing injury. They might fall off unstable scaffolding, a narrow walkway, or something similar.
- Trips: When you trip, you typically fall forward. This often happens when your shoes catch on something uneven on the ground, like a small rock, a crack in the sidewalk, or an elevated lip. You might fall on your face or chest, potentially suffering injuries to your arms, wrist, head, or ribs.
- Slips: When you slip, you often fall backward after stepping on a slippery surface or ground material that has caused you to lose your balance. Slipping typically involves your feet coming out from beneath you in a forward motion. If you can’t catch yourself in time, you might suffer injuries to your back, tailbone, head, neck, and more.
As you can see, the primary distinction between slips and trips is how they happen and the injuries they might potentially cause, due to the nature of the accident. Our trip/slip and fall accident attorneys provide more insights below into these common types of accidents:
Common Examples of Trip and Fall Incidents
Recognizing whether your case involved a trip or a slip can sometimes be challenging. Let’s explore a few examples of trip and fall accidents below for better clarity on this definition:
- One section of sidewalk is raised slightly higher than the previous one. You trip over the raised lip that did not have a cautionary warning.
- A patron in the grocery store drops a cereal box on the floor that’s never picked up. You turn a corner, failing to see it in time, and trip.
- You visit a restaurant built inside a vintage church with poor lighting and do not notice the stairs at the entrance, tripping over them.
Common Examples of Slip and Fall Accidents
Slip and fall accidents also arise from potentially hazardous conditions or property owner negligence, but it’s important to understand how the slippery or shifting ground material causes the person to fall in these scenarios. Let’s look at some examples:
- A New York winter storm creates icy conditions outside a retail shop. They fail to shovel the snow, and you slip on the ice.
- A customer spills milk in the grocery store, and the employees fail to clean it up or place warnings around it. You slip on the wet floor.
- After heavy summer rains, customers track water inside a local bank. You slip on the wet floors that were never cleaned up.
These scenarios are unfortunately common. In one 11-year study examining four hospitals in Calgary, 14,977 patients came into the ED who were coded as slip and fall on ice or snow accidents.
How Do These Semantics Affect Your Case? A Trip/Slip and Fall Lawyer Explains
Accurately describing whether you slipped or tripped is more than a matter of word choice. It may shape how your trip/slip and fall accident attorney investigates liability and how the defense challenges your claim.
Insurance providers and opposing counsel may scrutinize your account, comparing your statements to incident reports, medical records, surveillance footage, and witness testimony. Even an innocent inconsistency, such as initially saying you “tripped” and later describing it as a “slip,” can be used to argue that your memory is unreliable or that the hazardous condition you’re alleging didn’t actually cause your fall.
Clear, consistent terminology allows your attorney to pinpoint the precise hazard, gather the right evidence, and establish a link between the condition on the property, the breached duty of care, and your injuries.
What To Do After You’re Injured on Someone’s Property
When you’re injured in a fall on someone else’s property, what you do in the immediate aftermath can significantly influence your claim. New York premises liability claims may hinge on evidence gathered early, witness accounts, and clear documentation of hazardous conditions.
Here are a few key recommendations:
- Document the hazard: Take photos or videos of the exact condition that caused your fall. Capture the surrounding area as well, including any lack of warning signs or lighting, to help establish what the property owner should have addressed.
- Report the incident: Notify the property owner, manager, or security personnel immediately to request a written incident report. Keep a copy for your records.
- Seek medical care: Even if injuries seem minor, visit a doctor right away. Medical evaluations create a record of your symptoms, which is important for injury compensation.
- Ask for witness information: Write down the names and contact information for anyone who saw the fall.
- Follow medical recommendations: As you proceed with your claim, continue following all medical recommendations and be sure to maintain documentation of related expenses.
- Consult a trip/slip and fall attorney: An experienced New York premises liability lawyer can advise you on your rights, communicate with insurers on your behalf, and aid in preserving evidence.
Speak With a Trip/Slip and Fall Accident Lawyer in NY Today
At Ross & Hill, we have experience representing clients in premises liability and slip, trip, or fall claims. If you’re looking for a trip/slip and fall accident attorney in New York, give us a call today at (646) 351-6222 to schedule a consultation.
FAQs Answered by a Premises Liability Accident Lawyer in New York
Understanding your legal options after a fall can feel overwhelming, so here are clear answers to some of the questions clients often ask.
Do I Need a Slip/Trip and Fall Lawyer for a Workplace Injury?
Whether you need a lawyer for your workplace injury depends on the nature of the case. While workers’ compensation may cover medical bills and lost wages, a lawyer can help you determine whether you also have a third-party premises liability claim. They aid in supporting your rights during the workers’ comp application process while evaluating any potential avenues for additional compensation.
Can You Sue for a Slip or Trip Outside of Someone’s Property?
You may be able to sue for an injury outside of someone’s property, depending on the circumstances. Public sidewalks, parking lots, and building entrances may fall under the responsibility of a municipality, business, or adjacent property owner, depending on local regulations.
How Do Trip and Slip Accidents Differ in New York?
A trip typically results from an object or uneven surface, while a slip often stems from a slick or unstable floor condition. Distinguishing the two helps your trip/slip and fall accident attorney identify the liable party and the specific hazard involved.
