Slips, trips, and falls are a major cause of injuries, both fatal and nonfatal.
According to the National Safety Council, 46,653 people died in falls[1] at home or work in 2022. And, according to the U.S. Bureau of Labor Statistics, private industry reported 674,100 workplace injuries (19.9% of all cases) resulting in days away from work, job restrictions, or job transfers due to slips, trips, or falls in 2021-22[2]. Slips, trips, and falls made up 19.9% of all reported workplace injuries.
Snow and ice make the winter a prime time for slips and falls. Many don’t give ice on the sidewalk a second thought, even though injury statistics for slipping on ice reveal just how dangerous winter weather conditions can be.
In this article, we’ll explore winter slip-and-fall statistics, steps you can take to minimize your risk of a wintertime fall, and the value of pre-settlement funding in personal injury claims stemming from winter slips.
Personal Injury and Liability for Slip and Falls
In many slip and fall cases, the property owner or occupier may be held liable for injuries if they failed to maintain reasonably safe premises[3]. Business owners, landlords, and homeowners all have legal duties to keep their property in a condition free from unreasonable hazards that could cause harm.
Duty of Care for Property Owners
The extent of the duty of care depends on the visitor’s legal status on the property[3]:
- Invitees (customers, clients, etc.) are owed the highest duty to inspect, maintain, and warn of dangerous conditions.
- Licensees (social guests, etc.) must have premises made reasonably safe for their visit.
- Trespassers are still owed a duty to avoid willful/wanton injury.
For invitees like customers, store owners must regularly inspect, clean up spills, remove hazards like snow/ice, provide warning signs, and take reasonable precautions to prevent foreseeable slip and fall accidents.
Premises Liability Claims
To prove a premises liability claim for a slip and fall injury, the injured party generally must show[4]:
- The property owner caused the dangerous condition through an act or omission.
- The owner knew or should have known of the hazard through reasonable inspections.
- The owner failed to remedy the dangerous condition or adequately warn visitors.
- The hazardous condition proximately caused the slip/fall and resulting injuries.
Proving premises liability often hinges on evidence of the unsafe condition, the owner’s notice, opportunities to remedy it, and whether the injured party was reasonably careful themselves.
Comparative Negligence
In slip and fall cases, the injured party’s own negligence may reduce or bar recovery under comparative negligence rules[4]. Failing to watch where one walks, wear proper footwear, heed warnings, or take other reasonable precautions could constitute partial fault.
Property owners must still fulfill their duty of care, but compensation is reduced proportionally by the percentage of fault assigned to the plaintiff. Taking reasonable precautions protects both visitors and owners from liability.
Unintentional Falling Leading Cause of Nonfatal Injury
According to a study published in the Journal of Safety Research, 97% of all weather-related[5] injuries are slips or trips on ice and snow. Rain accounts for the majority of the remaining injuries. Older adults, defined as those 65 and up, are more likely to experience serious injuries in falls.
Wintertime Increases Slip and Fall Risk
Compounding the risk of winter slips, trips, and falls is the temperature itself. People are more likely to slip, trip, or fall, as sub-freezing temperatures can lead to snow, sleet, or ice on the ground. Ice is extremely slippery, making it a struggle to maintain traction. Even a little snow or freezing rain can produce dangerously slick conditions ripe for a slip or fall. Further, fog, snow, and freezing rain can also make it tough to spot patches of ice or even obstacles like sidewalk curbs.
Additionally, popular winter pursuits such as sledding and ice skating are common sources of wintertime injuries. And as a peak shopping season, winter also sees people rushing from store to store in pursuit of deals and holiday gifts. Stores’ slippery floors are an accident waiting to happen.
The Seriousness of Slips, Trips, and Falls
The Centers for Disease Control (CDC) reports that more than 800,000 people require hospitalization[6] annually due to slip-and-fall injuries, such as a hip fracture or head wound. In fact, most brain injuries result from slips, trips, and falls. The statistics[6] are astounding:
- One out of every five falls results in a serious injury such as broken bones.
- At least 300,000 older people require hospital treatment for hip fractures annually.
- More than 95% of hip fractures are the result of falling—usually sideways.
- Three million older people receive treatment in emergency departments for fall-related injuries each year.
As the statistics suggest, older adults are at a greater risk of serious injury than younger adults. Each year, the cost of medical care for fall-related injuries in older adults amounts to around $50 billion[6]. Seniors are more likely to break a bone due to a fall, and being bedridden during the recovery process can lead to loss of muscle strength and endurance and other health complications, potentially requiring long hospital stays.
Slips and falls can be dangerous for other demographics, too. Pregnant people are at risk of injury due to increased levels of the hormone relaxin, which loosens joints and ligaments. While falls during pregnancy are common[7], a severe fall could also damage the uterus or injure the baby.
Reducing the Risk of Slips and Falls on Ice
While it’s not possible to eliminate all risks of slips, trips, and falls, you can control certain conditions that lessen their likelihood. By avoiding and/or addressing the following risk factors, you can help prevent falls:
- Broken or uneven steps and surfaces
- Clutter that someone might trip over
- Poor footwear, such as shoes with insufficient traction
- Use of certain medications, including tranquilizers, antidepressants, or sedatives
Looking at slip-and-fall injuries on ice statistics makes it clear that the more risk factors a person is up against, the higher their likelihood of experiencing winter slips, trips, and falls.
Fortunately, those at higher risk of injury from a slip or fall can protect themselves with a few simple precautions. The Snow & Ice Management Association recommends[8] that people:
- Anticipate slippery surfaces such as black ice, which often refreezes at night
- Not do anything that causes distraction while working, such as looking at a cellphone
- Look for wet floors when entering the workplace, as coworkers may track in snow and slush
- Remain conscious of snow or ice that may fall from overhead, including awnings
- Walk slowly and be aware of the surroundings when snow or ice is present
- Use handrails wherever possible
- Wear appropriate footwear with a heavy tread
What Can You Do?
If you have initiated a lawsuit stemming from injuries sustained from falling or slipping on ice but worry about keeping up with expenses, call USClaims.
Pre-settlement funding through USClaims can help you make ends meet financially as you wait for your case to settle. If a case qualifies for pre-settlement funding, we purchase a portion of the proceeds of the anticipated court judgment or settlement for some cash now. USClaims only gets paid if your claim is successful or has reached a settlement!
Apply now or call us today at 1-877-USCLAIMS to learn more.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
- “Make Fall Safety a Top Priority.” National Safety Council, www.nsc.org/work-safety/safety-topics/slips-trips-and-falls. Accessed 22 Apr. 2024.
- “Injuries, Illnesses, and Fatalities.” U.S. Bureau of Labor Statistics, https://www.bls.gov/iif/. 8 Nov. 2023.
- “Legal Issues and Property Owners Liability.” The Legal Examiner Affiliate Network, 22 July 2020, affiliates.legalexaminer.com/legal-issues-and-property-owners-liability/.
- Goguen, David, and J.D. “Slip and Fall Accidents: Proving Fault.” Www.nolo.com, www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html.
- “Seasonal Variation in Fall-Related Emergency Department Visits by Location of Fall – United States, 2015.” Journal of Safety Research, https://doi.org/10.1016/j.jsr.2021.08.002. Aug. 2021.
- “Facts about Falls.” Centers for Disease Control and Prevention, https://www.cdc.gov/falls/data-research/facts-stats/? l. 6 Aug. 2021.
- “Pregnancy Trauma.” PubMed, StatPearls Publishing, www.ncbi.nlm.nih.gov/books/NBK430926/. 2020.
- “Creating Common Ground.” Snow & Ice Management Association, www.sima.org/best-practices. Accessed 22 Apr. 2024.
