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Circumstances That Can Result In A Slip and Fall Case To Be Dismissed

Generally, slip and fall which is also known as trip and fall is an injury claim by an individual or a case which results from a person tripping or slipping or even falling. This case is classified to be a tort and the victim or the injured person sues the property owner for negligence and due to this negligence it causes dangerous conditions to exist and cause harm. However, not all cases will be this simple.

Scenarios That Are Likely To Cause A Case Dismissal

Case Under A Natural Calamities

People fall and slip occasionally due to slippery floors, water, or even wax and it is not because they are careless or clumsy. In New York many people assume that after either slipping or falling on someone's property and acquiring serious injuries they have a good case for them to be compensated. This is not the case as there are various factors that cause the cases to be dismissed. For example an accident could be caused by a natural calamity such as rain that has wet the lobby of office. The defendant hereby is supposed to consider the safety measures when walking as the property owner has no control over such situations. As a matter of fact there is usually no proof that the floor was left wet intentionally so as to make the owner liable.Another instance could be that of flooding in a particular place. Thus,employees trying to vacate that particular building would slip and injure themselves but when they to sue the firm for the accident the property owner or employer would not be held responsible hence the case would be dismissed.

Case Caused Unintentionally

A case may also be dismissed where an individual may unintentionally cause the fall or slip of another person thus resulting in an accident without the knowledge of the property manager. The accident may occur within a short period and thus not giving enough time for the owner to announce wet floor or clean the floor especially when the building has many people. This may occasionally occur in a buildings which have many ongoing businesses at the same time. An example of such a building is a mall.

Fall Due To An Individual's Own Recreational Activity

An Individuals Ignorance

There could also be a case where an individual tries to blame a property owner whereas the risk itself could have been caused by the individual. For instance a lady wearing a six-inch heel falls when stepping onto an elevator. The risk here is understood and therefore there is no way the property owner could have prevented the fall. Thus the case here could easily be dismissed.

These types of cases are often seen in subway falls. For more information on this visit our slip and fall accidents on subway page.

An Individual's Recklessness

For instance, another situation could be in the airport where some people could be rushing to catch a flight. Under such an event where people are rushing, one could accidentally fall down in the midst of a big crowd thus causing others to fall and injure themselves. The organization is not to be blamed for that risk as it's a risk caused by a reckless individual who is not a member of that organization thus, a dismissal of the case if the organization could be blamed.

Cases For People With Disabilities

A slip and fall case could occur where people with disabilities or physical challenges access areas that are not
suitable for them and therefore get injured in the process. Due to their negligence the firm is not liable for the misfortune or incident. An example could be when a crippled individual using crutches falls when using an escalator rather than taking the elevator.

As you can see, the scenarios that could get a lawsuit dismissed are many, but that does not mean a slip trip case cannot be won under the correct circumstances.


Laurence P. Banville
Date Published: July 28, 2019
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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