Slip and fall
In the American legal system, slip and fall means tortious liability in the event of a violation of a traffic safety obligation and is based on the fact that a person slips and injures himself on a contaminated surface, for example at work, in a shop, on private property or on a public street. In the American legal system, the offense is counted as tort law .
Trip and fall , on the other hand, describes a group of accidents in which a person stumbles on uneven ground. Both types of accidents cause typical physical damage due to the different injury mechanics.
The starting point for liability is knowledge or negligent ignorance of a source of danger. When assessing the individual case, the reasonableness of possible security measures that the injuring party could or should have taken is also important. Possible contributory negligence plays a role on the part of the injured party, for example if he was not sufficiently attentive, for example distracted by a cell phone call and therefore overlooked an obvious danger such as a damaged sidewalk edge.
The amount of compensation depends on the individual case. Adequate causally caused material damage such as current and future medical bills, loss of earnings or compensation due to a reduction in earning capacity, but also compensation for pain and suffering, must be taken into account.
In addition, US law can also award so-called punitive damages , which drive the damages to be paid well above the levels customary on a continental European level.
Employers, shopkeepers or private landowners who have invited to a party come into question as counterparties, as well as public bodies such as municipalities if a person has been harmed on public property.
Web links
- Slip and Fall Injuries FindLaw, accessed August 4, 2017
Individual evidence
- ^ David L. Hudson: The Handy Law Answer Book ( en ). Visible Ink Press, 2010, ISBN 9781578593354 .
- ↑ Brian LaBovick: What's the different between slip and fall and trip and fall? February 27, 2014
- ↑ Slip and Fall FAQ FindLaw, accessed on August 5, 2017 (English)
- ↑ How Much is Your Slip and Fall Claim Worth? Nolo legal portal, accessed on August 5, 2017 (English)
- ↑ Paul Powell: What are Typical Slip & Fall Settlement Amounts? ( Memento of the original from August 5, 2017 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Law firm website, accessed on August 5, 2017
