slip trip and fall legislation

Slips, Trips and Falls OSHA’s Regulations

A shocking one in six of all lost-time work injuries result from slips, trips and falls.  nearly 65 percent of these are same-level falls..

With the goal of protecting the worker from harmful events such as dangerous falls, the Occupational Safety and Health Administration (OSHA) developed regulations that every employer must know and comply with.

The Features of OSHA’s Regulations:

Slips, trips and falls standards are contained in the Code of Federal Regulations, under the heading “Subpart D” or 29 CFR 1910.22.30.  This area covers cause and prevention of slip, trip and fall injuries.  Housekeeping, ladder safety, floor openings and stairways are included in Subpart D.

The wide spectrum of Subpart D covers terrain indoors and out.  Universal to all companies, employees are exposed to slip, trip and fall hazards daily.  Dock workers unload trucks on wet surfaces.  Icy stairways are frequented by employees in winter.  Compliance to this and most laws requires an employer to be aware of all potential hazards, even seasonal or geographic.

Identification:

Are ladders being used by workers?  Check ladders for missing safety feet, slippery steps and signs of wear or broken locking structures.  Remove ladders with defects.  Equip employees with proper portable ladders.  Employers must invest time training on ladder safety and document this.  Do a thorough walk-through to examine floors for slick or wet surfaces.  If any employees are working in pooling water, provide a raised mat to stand on.

Prevention/Solution:

Avoiding worker injury and staying in compliance go hand in hand with prevention. It is a solution to nearly all OSHA issues. Prevent injury by reviewing housekeeping. Look for cluttered areas, electrical cords in aisles, carpeting or uneven walking surfaces that pose a tripping hazard. Clean up any areas necessary and document the process. In the event of an OSHA inspection, producing data showing regular corrections is handy.

Considerations:

Subpart D compliance requires close scrutiny of building and structural issues. Fixed stairs must be of uniform, non-slip tread. If the stairway is open on one side, there must be a handrail on the exposed region. Stairs and open platforms, with more than 4 risers, must always have both sides guarded by handrails. 29 CFR 1910.23 (d) gives explicit instructions on height of handrails, weight-bearing capacity of 200 pounds and construction of midpoint rails. Guard any floor openings or holes employees can fall into.

Misconceptions:

Like any law, absence of knowledge does not imply innocence. Employers who are unaware of building issues, improperly or unsafely used ladders and slick floors are nonetheless non-compliant. Strolling through the plant on a regular basis with Subpart D on your mind is a worthy pursuit. Catch items previously unnoticed, thus saving costly injury and/or penalties.

Expert Insight:

• Use 300 Logs to find previous hazards. Did you have any employees slip in a certain department? Investigate accordingly;
• Have employees wear non-slip shoes or boots to prevent slips, trips and falls. Tennis shoes often are too slippery for working conditions.
• Unguarded floor holes of greater than one inch and less than 1 foot and floor openings of greater than 1 foot carry penalties based on size. If you are the target of an OSHA inspection, these will usually be measured. Fines for larger openings are more severe.

Arbill representatives are happy to help you make sense of OSHA regulations and to keep your employees safe.  We offer more than safety products.  We also offer Environmental Health & Safety (EH&S) training programs, and facility ID programs.  To further keep your workplace safe, we offer a comprehensive line of on-line or CD based training that cover a wide variety of safety training. Visit Arbill.com for more details.

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Slips, Trips, and Falls: Understanding, Preventing, and Mitigating Risks

By Gian Joseph, Safety Advisor

As we enter the rainy and cold season, we face several risks , which include slips , trips, and fall s in our day-to-day activities. It is important t o be aware of hazards around us and learn how to properly identify and assess any risks with each step.  

Slips, trips, and falls (STFs) are common accidents that can lead to severe injuries. These incidents occur in various settings, from homes and workplaces to public spaces , and i t is essential to understand the causes, consequences, and , most importantly, strategies for prevention and mitigation.   

1. Understanding the Dynamics of STFs. STFs are caused by the following .  

Insu fficient friction between the shoe and the walking surface. Common causes include wet or greasy floors, spills, and loose debris (Slip and Fall Accidents, 2021).  

When a person's foot collides with an object or an uneven surface, it caus es them to lose balance. Typical trip hazards include cluttered walkways, electrical cords, uneven flooring, and damaged or upturned mats (Slip and Fall Accidents, 2021).  

2. The Impact of STFs  

Slips, trips, and falls have far-reaching effects, affecting individuals and society . Personal i njuries range from minor cuts , bruises, sprains , and abrasions to fractures, dislocations, and head injuries (National Safety Council, 2021). The medical expenses associated with treating STF-related injuries can be substantial , including hospital stays, surgeries, rehabilitation, and ongoing care (National Safety Council, 2021). STFs can result in missed workdays and reduced productivity for both individuals and employers. Workers' compensation claims and absenteeism contribute to economic costs (National Safety Council, 2021). Lastly, t he physical and psychological consequences of STFs can limit mobility, independence, and overall quality of life, especially among older adults ( Sahyoun et al., 2020).  

3. Prevention and Mitigation Strategies  

Preventing and mitigating STFs involves a combination of awareness, environmental modifications, and education . H ere are some ways you can take precaution s against STFs in your daily activities;  

Clear Pathways: Maintain clear, unobstructed walkways by removing clutter and tripping hazards such as cords, toys, and loose rugs (Occupational Safety and Health Administration [OSHA], 2002).  

Adequate Lighting: Ensure proper lighting in all areas, both indoors and outdoors, to improve visibility and reduce the risk of tripping over obstacles (OSHA, 2002).  

Slip-Resistant Flooring: Install slip-resistant flooring materials, especially in areas prone to moisture, like bathrooms and kitchens (OSHA, 2002).  

Footwear: Encourage the use of proper footwear with good traction, especially in environments where slip hazards are prevalent ( Sahyoun et al., 2020).  

Handrails and Guardrails: Install and maintain handrails and guardrails on stairs, ramps, and elevated platforms to provide support and prevent falls (OSHA, 2002).  

Warning Signs: Use signage to alert individuals to potential hazards, such as wet floors or uneven surfaces (OSHA, 2002).  

Education and Training: Promote awareness and provide training to individuals on recognizing and avoiding STF hazards (National Institute for Occupational Safety and Health [NIOSH], 2015).  

Workplace Safety: Employers should implement safety protocols and conduct risk assessments in the workplace, addressing potential STF risks (NIOSH, 2015).  

Regular Maintenance: Routinely inspect and maintain buildings, walkways, and outdoor areas to identify and address potential hazards promptly (NIOSH, 2015).  

4. A Holistic Approach to STF Prevention  

Preventing and mitigating STFs require a collaborative approach involving individuals, organizations, and communities:  

Individuals : Exercise caution when walking, especially in unfamiliar or potentially hazardous environments. Wear appropriate footwear and take your time, especially in wet or slippery conditions ( Sahyoun et al., 2020).  

Employers: Create a safe work environment by identifying and mitigating STF risks. Provide training to employees on safety protocols and the proper use of equipment (OSHA, 2002).  

Property Owners and Managers: Ensure properties are well-maintained and free from hazards. Regularly inspect and address issues promptly (NIOSH, 2015).  

Government and Local Authorities: Enforce building codes and regulations that promote safety, especially in public spaces and commercial buildings (OSHA, 2002).  

Conclusion  

Slips, trips, and falls are preventable accidents that carry substantial personal, economic, and societal costs. By comprehending the causes, consequences, and prevention strategies, we can significantly reduce the incidence of STFs and mitigate their impact. Whether at home, at work, or in public spaces, prioritizing safety and fostering awareness about STFs is crucial for the well-being of individuals and communities. Let us strive collectively to create environments where everyone can move safely and confidently, free from the fear of falling.  

References:  

National Institute for Occupational Safety and Health (NIOSH). (2015). Preventing Slips, Trips, and Falls in Wholesale and Retail Trade Establishments. https://www.cdc.gov/niosh/docs/2015-100/pdfs/2015-100.pdf  

National Safety Council. (2021). Injury Facts. https://injuryfacts.nsc.org/work/overview/work-safety-introduction/work-...  

Occupational Safety and Health Administration (OSHA). (2002). OSHA Publication 3151-12R. Preventing Slips, Trips, and Falls in Wholesale and Retail Trade Establishments. https://www.osha.gov/Publications/osha3151.pdf  

Sahyoun , N. R., Pratt, L. A., & Lentzner , H. (2020). The Changing Profile of Nursing Home Residents: 1985-1997. Journal of Aging and Health, 12(3), 336-363.  

Slip and Fall Accidents. (2021). InjuryClaimCoach.com. https://www.injuryclaimcoach.com/slip-and-fall-accidents.html  

Please note that the sources cited are accurate as of the time of writing this article. For the most current information, consult authoritative sources and local health authorities.  

Go to the staff directory for individual contacts within EHS. You may also use the Weill Cornell Medicine online directory to search for faculty and staff.

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Weill Cornell Medicine Environmental Health and Safety 402 East 67th Street Room LA-0020 New York, NY 10065 Phone: (646) 962-7233 Fax: (646) 962-0288

How are Slips, Trips, and Falls Different?

Navigating the legal landscape of personal injury claims involves a nuanced understanding of the distinctions between slips, trips, and falls. At Fielding Law , we recognize the challenges you may face after such incidents and strive to provide clarity on the differences to better assist you.

Slip Injuries:

• Caused by wet or slippery surfaces.
• Common scenarios include spills, wet floors, or icy walkways.
• Victims lose balance due to insufficient traction.

Slip accidents typically occur when individuals lose their balance on surfaces that are wet, slippery, or lack proper traction. Common scenarios involve spills, wet floors, or icy walkways. Victims often find themselves unexpectedly sliding or losing footing due to inadequate friction between their shoes and the surface.

Trip Injuries:

• Involve obstacles or uneven surfaces.
• Common causes include uneven flooring, cords, or debris.
• Victims stumble over objects, leading to a fall.

Trip accidents involve individuals stumbling over obstacles or encountering uneven surfaces. Causes may include uneven flooring, cords, debris, or poorly maintained walkways. Trips can result in falls due to sudden obstacles in the walking path, leading to potential injuries.

Fall Injuries:

• Can result from slips, trips, or other hazards.
• Falls may occur from heights, leading to severe injuries.
• Uneven surfaces, lack of railings, or inadequate safety measures contribute.

Falls, in a broader sense, encompass incidents resulting from slips, trips, or other hazards. These accidents may involve falls from heights, leading to more severe injuries. Contributing factors include uneven surfaces, lack of railings, or inadequate safety measures. Falls can encompass a variety of scenarios, making them comprehensive incidents within the realm of personal injury.

Why Hire Fielding Law?

Whether you have experienced a slip, trip, or fall, Fielding Law is here to help. Contact us at 833.88.SHARK for a free consultation, and let us provide personalized support tailored to your unique situation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

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Understanding Slip and Fall Law: What You Need to Know

Slip and fall accidents are a common occurrence and can happen anywhere, from private properties to public areas like restaurants, shopping centers, and sidewalks. If you or someone you know has been involved in a slip and fall accident, it’s crucial to understand the legal aspects surrounding these incidents. In this comprehensive guide, we will delve into the fundamentals of slip and fall law, discussing key concepts, liability considerations, legal procedures, and more. By the end of this article, you’ll have a solid understanding of slip and fall law and the necessary steps to take if you find yourself in such a situation.

Also check my  Slip And Fall Lawsuit.

The Basics of Slip and Fall Law: A Comprehensive Guide Slip and fall law is a branch of personal injury law that deals specifically with accidents caused by hazardous conditions in various premises. When someone slips, trips, or falls due to a dangerous condition on another person’s property, they may be entitled to seek compensation for their injuries and other related damages. Slip and fall cases typically fall under the legal concept of premises liability, which holds property owners responsible for maintaining their premises in a safe condition for visitors.

Establishing liability in a slip and fall case involves proving that the property owner or occupier was negligent in their duty to maintain a safe environment. This includes demonstrating that they knew or should have known about the hazardous condition and failed to take reasonable steps to fix it or provide adequate warnings. To determine liability, courts consider factors such as the property owner’s duty of care, the injured party’s reasonableness, and the link between the condition and the accident.

The Importance of Understanding Slip and Fall Law

Understanding slip and fall law is essential for both potential plaintiffs and defendants. For victims of a slip and fall accident, knowing their rights and the legal process empowers them to seek the compensation they deserve. By understanding the elements of negligence, burden of proof, and available remedies, individuals can make informed decisions and build a strong case with the assistance of an experienced personal injury attorney.

On the other hand, property owners and occupiers must be aware of their obligations to maintain safe premises to avoid potential legal actions. Understanding slip and fall law helps property owners take proactive measures to identify and address hazardous conditions, reducing the risk of accidents and potential legal consequences. Compliance with safety regulations and regular inspections can not only prevent accidents but also protect property owners from potential liability.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur due to various hazardous conditions. Some of the most common causes include:

• Wet or slippery floors
• Uneven or damaged flooring
• Loose carpeting or rugs
• Poor lighting
• Obstructed walkways
• Tripping hazards, such as cords or debris
• Lack of handrails on stairs
• Icy or snowy surfaces

These conditions can arise in any setting, such as residential properties, commercial establishments, or public areas. Understanding the common causes of slip and fall accidents can help individuals identify potential dangers and take appropriate precautions to minimize their risk of falling.

Determining Liability in Slip and Fall Cases

Determining liability is a critical aspect of slip and fall cases. To establish liability, the injured party needs to prove that the property owner or occupier was negligent in maintaining their premises. This involves demonstrating that the owner had a duty of care, breached that duty, and as a result, caused the accident and resulting injuries.

Proving negligence requires gathering evidence such as accident reports, photographs, witness statements, and expert testimony when necessary. It is essential to comprehensively document the condition that caused the slip and fall, including any contributing factors like insufficient warnings or previous reports of the hazard. Additionally, determining liability may also involve analyzing the injured party’s own actions to assess if comparative negligence applies.

Understanding the intricacies of determining liability is crucial for both plaintiffs and defendants. For victims, it helps them navigate the legal process and build a strong case. Property owners can benefit from understanding liability to take measures to prevent accidents, mitigate risks, and ensure compliance with applicable safety standards.

How Negligence Plays a Role in Slip and Fall Law

Negligence is a central concept in slip and fall law. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to others. In slip and fall cases, property owners may be deemed negligent if they did not uphold their duty of care, which includes regularly checking for and addressing hazards that could cause accidents.

To establish negligence in a slip and fall case, the injured party must prove the following elements:

• Duty of care: The property owner owed a duty to visitors to maintain a reasonably safe environment.
• Breach of duty: The property owner failed to fulfill their duty of care by not addressing the hazardous condition.
• Causation: The hazardous condition directly contributed to the slip and fall accident and resulting injuries.
• Damages: The injured party suffered actual damages as a result of the accident, such as medical expenses, pain and suffering, or lost wages.

Proving negligence requires a thorough investigation of the circumstances surrounding the slip and fall accident. Evidence such as accident reports, photographs, witness statements, and expert opinions play a crucial role in establishing negligence.

Key Factors to Consider in a Slip and Fall Lawsuit

When pursuing a slip and fall lawsuit, several key factors should be considered:

• Evidence: Gathering and preserving evidence is crucial to building a strong case. This may include photographs of the hazardous condition, maintenance records, accident reports, witness statements, and medical records.
• Timeliness: It is important to understand the statute of limitations for filing a slip and fall lawsuit, as failure to meet the specified deadlines may result in the case being dismissed. Consulting with an attorney early on can help ensure compliance with these time constraints.
• Legal guidance: Seeking the assistance of a knowledgeable personal injury attorney is highly recommended. An attorney experienced in slip and fall cases can navigate the legal complexities, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary.

By carefully considering these factors, individuals can make informed decisions and increase their chances of a favorable outcome in their slip and fall lawsuit.

The Burden of Proof in Slip and Fall Cases: What You Need to Know

In slip and fall cases, the burden of proof rests on the plaintiff—the injured party—to establish the property owner’s negligence and liability. This requires presenting evidence that demonstrates the property owner’s failure to maintain a safe environment or provide sufficient warnings about hazardous conditions.

The burden of proof entails providing a preponderance of evidence, meaning that it is more likely than not that the property owner was negligent. This standard of proof is less stringent than the “beyond a reasonable doubt” standard used in criminal cases. However, it still necessitates a strong case supported by credible evidence.

To meet the burden of proof, it is crucial to gather and present evidence such as accident reports, photographs, witness statements, and expert testimony when necessary. Working with an experienced personal injury attorney is invaluable during this process, as they can guide you in collecting the necessary evidence and presenting a compelling case.

Steps to Take After a Slip and Fall Accident: Legal Considerations

After being involved in a slip and fall accident, it’s essential to take certain steps to protect your legal rights. These steps include:

• Seeking medical attention: Prioritize your health and wellbeing by seeking immediate medical attention for your injuries. Documenting your injuries and receiving prompt medical treatment are not only crucial for your recovery but also for building a strong legal case.
• Reporting the incident: Notify the property owner or manager about the accident, ensuring that they document the incident in writing. Request a copy of the incident report for your records.
• Gathering evidence: If physically able, take photographs or videos of the accident scene, including the hazardous condition that caused your fall. Collect the names and contact information of any witnesses who can provide statements regarding what they saw.
• Preserving evidence: Do not dispose of any damaged clothing or footwear. Keep them as evidence of the accident. Additionally, retain all medical records, bills, and receipts related to your injuries and treatment.
• Contacting an attorney: Consult with a personal injury attorney who specializes in slip and fall cases. They can evaluate the facts of your case, guide you through the legal process, and advocate for your rights.

By taking these legal considerations into account, you can protect your rights and improve your chances of a successful slip and fall claim.

Statute of Limitations: Time Constraints in Filing a Slip and Fall Lawsuit

It is crucial to be aware of the statute of limitations when considering filing a slip and fall lawsuit. The statute of limitations sets a time limit within which a legal claim must be filed. If the deadline passes, the court may dismiss the case, barring any opportunity for seeking compensation.

The specific statute of limitations for slip and fall cases varies by jurisdiction. It is advisable to consult with a personal injury attorney who can provide accurate information regarding the time constraints applicable to your case. Generally, the clock starts ticking from the date of the slip and fall accident or the date the injury was discovered or should have been discovered with reasonable diligence.

Although exceptions to the statute of limitations exist in certain circumstances, such as when the injured party is a minor or has a mental incapacity, it is best to commence legal proceedings within the prescribed time period to safeguard your ability to seek compensation.

Factors Impacting the Value of a Slip and Fall Settlement or Verdict

When assessing the potential value of a slip and fall settlement or verdict, various factors come into play. These factors can significantly impact the amount of compensation that an injured party may be entitled to receive. Some key factors include:

• Extent of injuries: The severity and long-term consequences of the injuries sustained in the slip and fall accident are a crucial factor in determining the value of a settlement or verdict. Severe injuries that result in significant medical expenses, long-term disability, or diminished quality of life generally lead to higher compensation amounts.
• Medical expenses: The incurred and anticipated medical costs to treat the injuries resulting from the slip and fall accident play a significant role in calculating compensation. This includes costs associated with emergency room visits, surgeries, rehabilitation, medication, therapy, and ongoing care.
• Lost wages and earning capacity: Compensation may also account for the income the injured party lost due to their inability to work, as well as any diminished earning capacity resulting from the injuries. Documentation, such as pay stubs and employment records, is essential in these cases.
• Pain and suffering: Slip and fall victims may be entitled to non-economic damages for physical and emotional pain and suffering endured as a result of the accident. Calculating pain and suffering damages often involves complex formulas that take various factors into consideration, such as the extent of injuries and the impact on daily life.

These are just a few of the factors that can influence the value of a slip and fall settlement or verdict. Consulting with a personal injury attorney who specializes in slip and fall cases can help accurately evaluate your potential compensation based on the specific circumstances of your case.

Compensable Damages in Slip and Fall Cases: Understanding Your Rights

Compensable damages in slip and fall cases encompass the financial losses and non-economic hardships that victims may be entitled to recover from the responsible party. These damages are intended to compensate for the harm suffered due to the negligence of the property owner or occupier. The types of compensable damages in slip and fall cases may include:

• Medical expenses: Compensation for past and future medical bills incurred as a result of the slip and fall accident, including hospital stays, surgeries, examinations, medications, physical therapy, and assistive devices.
• Lost wages: Recovery of lost wages resulting from the inability to work due to injuries sustained in the slip and fall accident. This may encompass both past income loss and potential future earnings you may miss out on due to disability or ongoing medical treatment.
• Pain and suffering: Compensation for the physical and emotional pain, suffering, and mental anguish experienced as a consequence of the slip and fall accident. These damages are typically non-economic and aim to address the intangible hardships endured by the victim.
• Loss of consortium: In cases where the injuries from a slip and fall accident have significantly affected the victim’s relationship with their spouse or family members, compensation may be sought to make up for the loss of companionship, emotional support, and intimacy.
• Property damage: In some instances, slip and fall accidents can result in damage to personal belongings. Compensation may be sought for the repair or replacement of damaged items.

It is important to consult with a personal injury attorney to understand your rights and the potential compensable damages in your specific slip and fall case. An attorney will help you assess the appropriate course of action and advocate for a fair settlement that adequately covers your losses.

Defenses Often Used by Property Owners in Slip and Fall Lawsuits

When faced with a slip and fall lawsuit, property owners often invoke various defenses to mitigate their liability. Some common defenses include:

• Open and obvious: Property owners may argue that the hazardous condition causing the slip and fall accident was

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All property owners and possessors should be aware of a new legal framework from the Michigan Supreme Court that changes how premises liability cases are litigated. Michigan courts have long held that premises owners generally have no duty to protect invitees from “open and obvious” hazards based on  Lugo v Ameritech , 464 Mich 512 (2001), and its progeny. But the Michigan Supreme Court concluded on July 28, 2023, that  Lugo  was wrongly decided and should be overruled in two respects.  

In the consolidated cases of  Kandil-Elsayed v F&E Oil, Inc  and  Pinsky v Kroger Co of Michigan , the Court held first, that whether a hazard is open and obvious is not an integral part of duty but is instead “relevant to breach and the parties’ comparative fault.” Second, the Court overruled the special-aspects exception, which had held that land possessors could be liable for open and obvious conditions only when the invitee presented evidence of special aspects of the condition, such as an unavoidable condition or one that posed a serious risk of injury or death. Instead, the Court held that “when a land possessor should anticipate the harm that results from an open and obvious condition, despite its obviousness, the possessor is not relieved of the duty of reasonable care.” Addressing the implications of overturning precedent, the Court concluded that while  Lugo  has “been on the books for more than two decades, it has not created reliance interests strong enough to cut against a decision to overrule it.”

Both  Kandil-Elsayed  and  Pinsky  were “slip-and-fall” cases. The respective plaintiffs (who were “invitees”) alleged they were injured after slipping on ice in a parking lot and a cable on the floor of a grocery store. In both cases the Court of Appeals granted the defendants’ motions for summary disposition because the ice and the cable were open and obvious hazards, and the defendants had no duty to protect the plaintiffs from them. The Supreme Court reversed both decisions, holding that the open and obviousness of the hazards were relevant to whether defendants breached their duties and whether plaintiffs were comparatively at fault—not to whether the defendants owed a duty to the plaintiffs.

To be sure, the open and obvious doctrine still plays a vital role in two essential parts of a premises liability case. First, whether a hazard is open and obvious bears on whether the premises owner or possessor took reasonable steps to protect invitees from the hazard. Second, plaintiffs who are injured by an open and obvious hazard may find themselves unable to recover their full damages under Michigan’s comparative fault doctrine based on their own lack of care in failing to appreciate an open and obvious hazard.

This decision dramatically changes the landscape of premises liability torts, particularly slip-and-fall cases.

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Slip and Fall vs. Trip and Fall – Know the Difference

Legally Reviewed and Edited by: Terry Cochran

Understanding the differences between slip and fall vs. trip and fall accidents is crucial for your personal injury case if you were hurt in a fall on someone else’s property. Slips and falls often result from slick or wet surfaces, while trips and falls usually occur due to obstacles or uneven flooring. The evidence and legal strategy needed to prove your claim can vary based on whether you were injured in a trip and fall or slip and fall.

At Cochran, Kroll & Associates, P.C., our slip and fall attorneys understand the subtle differences between slip and fall vs. trip and fall cases. We will use our expertise in Michigan premises liability law to gather evidence and submit your claim to help you receive the compensation you deserve.

What is a Slip and Fall Accident?

A slip and fall accident is a type of personal injury that occurs when an individual falls due to losing their footing on a slippery walking surface. These accidents can happen in various settings, from private residences to public places, and are typically characterized by the sudden and unexpected nature of the fall.

Slip and fall accidents can result in a wide range of injuries and are responsible for over one million ER visits annually and 12% of total falls. Some common injuries associated with slip and fall accidents include:

• Fractures and broken bones. One of the most frequent injuries, especially among older individuals, is fractures or broken bones. These can occur in the wrist, hip, arm, or leg. More than 95% of hip fractures are caused by falling, with 300,000 people over 65 hospitalized annually for the injury.
• Head injuries. Slip and fall accidents often lead to head injuries, including concussions and traumatic brain injuries (TBIs), which can have long-lasting consequences.
• Soft tissue injuries. Sprains, strains, and contusions of muscles, ligaments, and tendons can occur, leading to pain and limited mobility.
• Back and spinal cord injuries. Falls can result in serious back injuries or damage to the spinal cord, potentially causing paralysis or chronic pain.
• Cuts and abrasions. Minor injuries such as cuts, scrapes, and bruises are common in slip and fall incidents but can still require medical attention.

Common Causes of Slip and Fall Accidents

Slip and fall accidents often occur due to the negligence of property owners who fail to maintain safe premises. The following are common causes of slip and fall accidents, including hazardous conditions and lack of warning from property owners or managers:

• Wet or slippery floors. When a floor is wet or slippery, it becomes a hazard for anyone walking over it. Property owners have a duty to ensure that floors are dry, clean, and safe to walk on. Negligence occurs when they fail to address spills or wet floors or remove hazards like snow, ice, or puddles, leading to slip and fall accidents.
• Poor lighting. Proper lighting is crucial for visibility, especially in areas where the floor may have liquid spills or other potential hazards. When property owners neglect to provide adequate lighting, it’s easy for individuals to slip on unseen hazards.
• Lack of warning signs. Whenever there’s a potential hazard, like a wet or recently waxed floor, warning signs should be prominently displayed. The absence of warning signs can increase the likelihood of slip and fall accidents because victims are unaware of the danger.
• Improperly maintained flooring. Worn, broken, or poorly maintained flooring can easily become slippery, especially during wet conditions. Property owners who neglect to maintain or replace flooring materials put visitors at risk of a serious slip and fall incident.
• Lack of handrails. Handrails provide stability and support, especially in stairwells or on ramps. When property owners do not provide or maintain handrails where necessary, it can lead to slip and fall accidents because victims cannot grab on for support.
• Cleaning products. The misuse or overuse of cleaning products can leave floors excessively slippery. When cleaning is not performed correctly, or residual cleaning product is left behind, it could create a slipping hazard for visitors.

What is a Trip and Fall Accident?

Trip and fall accidents occur when an individual stumbles or loses their balance and falls due to an obstacle or obstruction in their path. Trip and fall accidents happen when a person’s foot strikes an object or uneven surface, leading to a loss of balance and a fall.

The injuries resulting from trip and fall accidents can vary in severity depending on the circumstances and the individual’s physical condition. Some common injuries associated with trip and fall accidents include:

• Sprains and strains. Trip and fall accidents can result in sprains and strains affecting muscles, ligaments, and tendons, necessitating rest and rehabilitation.
• Fractures and broken bones. Falls can lead to wrist, arm, hip, or ankle fractures, highlighting the impact of unexpected trips.
• Contusions and bruises. Minor injuries such as bruises, scrapes, and cuts are common in trip and fall incidents but can still cause pain and discomfort.
• Head and face injuries. Tripping can lead to head injuries, including facial lacerations and dental damage, resulting in high medical bills and reconstructive procedures.
• Back and spinal injuries. The sudden and jarring motion of tripping can result in back pain or spinal injuries, which can be chronic and debilitating for victims.
• Concussions and TBIs. Head trauma from a trip and fall accident can cause concussions, which may have short-term or long-lasting effects such as cognitive changes and a loss of enjoyment of life.

Common Causes of Trip and Fall Accidents

Trip and fall accidents commonly occur due to hazards resulting from property owner negligence. The following common causes of trip and fall accidents include uneven flooring and obstacles in the walkway:

• Uneven sidewalks or pavements. Uneven surfaces can cause an individual to trip and possibly sustain injuries. When a property owner neglects to address issues like cracked or uneven sidewalks, they increase the risk to visitors or residents.
• Obstacles on walkways. Objects like misplaced furniture, loose cords, or clutter on walkways can create tripping hazards. Failing to keep walkways clear of these obstacles puts visitors at risk and can indicate property owner negligence.
• Uneven flooring transitions. A sudden change in floor height can cause a trip and fall. When a property owner builds or maintains a property with poor flooring transitions or fails to warn about them, visitors may be likelier to fall due to the hazard.
• Torn or frayed carpeting. Loose or damaged carpeting can snag a person’s foot, leading to a trip. The property owner’s failure to repair or replace worn carpeting heightens this risk and can show negligence.
• Inadequate lighting. Poor lighting can obscure vision, making it difficult to see obstacles or uneven flooring, which can cause tripping. This can be due to a property owner failing to ensure adequate lighting to prevent accidents.
• Protruding tree roots. Tree roots that protrude above the ground can be tripping hazards. A property owner’s failure to address these hazards on sidewalks or pathways may result in trip and fall accidents due to this negligence.

Legal Liability of a Slip and Fall vs. Trip and Fall

The legal liability in slip and fall vs. trip and fall cases is based on premises liability. This legal concept holds property owners or occupiers responsible for maintaining safe premises for visitors. While both types of accidents fall under this legal framework, there are differences in how liability is determined in slip and fall vs. trip and fall cases:

• Cause of the hazard. To determine liability, your attorney will look at the cause of the hazard. For a slip and fall, this might mean investigating the origin of the hazardous condition and whether the property owner was aware or should have been aware of it. Liability for a trip and fall might depend on whether the tripping hazard was known or should have been known by the property owner and whether they posted adequate warnings or took corrective measures.
• Duration of the hazard. How long hazardous conditions existed in slip and falls is a liability factor. For example, the property owner might be liable if a spill is left unattended in a busy grocery store for several hours. While the same concept applies to trip hazards, slip and fall conditions are usually temporary and easier to address. For instance, fixing uneven flooring may take longer to repair than cleaning a spill. Your attorney can examine this issue and help determine how the duration of the hazard affects your compensation claim.
• Preventative measures. Attorneys may assess preventative measures taken by the property owner for both slip and fall vs. trip and fall cases. For a slip and fall, they may look at whether property owners took reasonable steps to prevent slipping hazards, such as putting down mats, posting warning signs, or promptly cleaning spills. For trips and falls, they may consider whether the property owner made reasonable efforts to prevent tripping hazards, such as repairing uneven flooring, removing obstacles, or providing adequate lighting.
• Modified comparative negligence. Michigan uses modified comparative negligence for all personal injury claims. This means that both parties can be partially responsible for the accident. The percentage of fault you are assigned can lower your award under this doctrine. Also, you will not receive a damage award if you are more than 50% at fault. Your attorney can help you navigate your claim if you have partial fault. For instance, you were injured at work but failed to wear required non-slip footwear or were intoxicated when you tripped over a cord. Your attorney can investigate where the property owner may still bear responsibility, lowering your percentage of fault to help you get a fair settlement.

What to Do if You Experience a Slip and Fall or Trip and Fall

Experiencing a slip and fall or trip and fall accident can be physically and emotionally distressing. Taking the right steps to ensure your well-being and protect your legal rights is essential. If you are in a slip and fall or trip and fall, take the following actions:

• Seek medical attention. Prioritize your health following a slip or trip incident. Always consult with a medical professional immediately, no matter how minor your injuries seem. Some fall-related injuries, like concussions or internal damage, might not show symptoms immediately. Early medical attention helps in faster recovery and establishes a documented history of your injuries, which can be beneficial should you pursue legal action.
• Report the incident. Inform the property owner, manager, or relevant authority about the incident promptly. Ensure an accident report is filed and secure a copy for yourself. This document can act as a crucial piece of evidence, especially in determining the timing and place of the accident in case of a slip or trip and fall claim.
• Document the scene. Visual evidence is critical to establishing the hazardous condition that led to your accident. If circumstances permit, capture photos or videos of the location where you fell. For slip and fall situations, take pictures of the slippery surface, ice, or other dangers present. In the case of trip and fall incidents, record the impediment or irregular terrain that resulted in your fall.
• Collect witness contact information. If anyone witnessed your accident, collect their names and ways to contact them. Testimonies from these witnesses can support your version of events and shed further light on the unsafe circumstances that resulted in your slip or trip and fall episode.
• Consult an attorney. Speak with a personal injury attorney with expertise in slip and fall or trip and fall cases. Our slip and fall attorneys at Cochran, Kroll, & Associates, P.C. can help you understand your legal rights and pursue compensation for your injuries.

What Four Elements You Must Prove in a Slip and Fall or Trip and Fall Case

In slip and fall or trip and fall cases, establishing liability and seeking compensation typically require proving four key elements. These elements are essential to demonstrate that the property owner or occupier was negligent and should be held responsible for your injuries and losses:

• Duty of Care. It’s vital to determine that the property owner is responsible for keeping the premises safe for you. How you were on the property—be it as a business visitor, a casual guest, or an uninvited individual —determines the level of this responsibility. Your lawyer can help define your legal standing on the property by reviewing invitations, contracts, tickets, or purchase records indicating your reason for being there. We may also use witness accounts to verify your presence and determine the care duty you were entitled to under the premises liability law.
• Breach of Duty. You must demonstrate that the property owner failed in their duty, such as neglecting a spill or not repairing a damaged walkway. Your lawyer will collect and showcase evidence highlighting the owner’s disregard for maintaining safety. This evidence can encompass maintenance logs, security camera recordings, or testimonies from witnesses. This proof can indicate a recurrent oversight or a one-time act of negligence, like overlooking a recognized danger. For example, time markers on security footage might illustrate that a spill was left unaddressed for an unreasonable duration, leading to a dangerous situation that resulted in your fall.
• Causation. It’s essential to link the property owner’s negligence to your mishap and injuries. To establish this causation, your attorney might collect medical documents and incident reports and seek specialist opinions to draw a clear connection between the unsafe environment and your harm. In collaboration with your legal team, including partner attorney and registered nurse Eileen Kroll , they will consult medical professionals to explain how the premises’ conditions were behind the accident and your injuries. Eileen can use her background in the medical field to bolster this connection and accurately assess your current and future damages.
• Damages. It’s crucial to illustrate the setbacks you’ve encountered due to the accident, including medical expenses and missed earnings. Your lawyer will gather all health records and other proof to highlight your losses and assist in securing maximum compensation. This may encompass economic damages, representing the quantifiable expenses you’ve experienced, derived from medical invoices, W2 forms, and other related bills. Your compensation might also account for non-economic damages like pain, anguish, and emotional turmoil. We’ll use medical reviews, psychological appraisals, and personal accounts to depict your suffering and substantiate the compensation claim.

Seek a Fair Settlement With Help From Cochran, Kroll, & Associates, P.C.

Whether you were hurt in a trip and fall or slip and fall accident, you deserve financial compensation for your injuries caused by someone else’s negligence. Our experienced attorneys at Cochran, Kroll, & Associates, P.C. have the legal skill and knowledge to aggressively represent your interests in a slip and fall claim.

We can help you receive a settlement that covers the full extent of your injuries. Contact Cochran, Kroll & Associates for a free consultation for your slip and fall vs. trip and fall claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

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A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.

Result: $15.8 Million

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While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.

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A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.

Result: $1.4 Million

Medical malpractice / misdiagnosis.

Wayne County, Michigan

Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.

Result: $9 Million

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Tuscola County, Michigan

A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.

Result: $3.3 Million

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Flint, Michigan

A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.

Result: $1.25 Million

Medical malpractice.

Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.

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Southern Michigan

Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.

Result: $3.8 Million

Accidents & injuries/construction site/workplace injury.

Westland, Michigan

A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.

Result: $1.5 Million

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Marlette, Michigan

A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.

Result: $1.3 Million

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Redford, Michigan

The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.

Result: $225,000

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Detroit, Michigan

A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.

Result: $125,000

A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.

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Brighton, Michigan; Detroit, Michigan

A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.

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A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.

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Property Owners and Slip-and-Fall Liability

Property owners are responsible for maintaining safe spaces and can be held liable for slip-and-fall accidents caused by their negligence in new jersey.

Property Owners’ Legal Obligations to Ensure Safe Spaces for Visitors

Property owners and, in some cases, managers are responsible for maintaining safe spaces for visitors and customers to traverse. Ensuring the safety of their visitors is the primary responsibility of any commercial property owner or municipality. If a space is not properly maintained or signage does not warn of an area that is out of service and someone is injured as a result, the owner or manager may be held liable and required to pay for damages.

Accountability for City or State Municipalities in Slip-and-Fall Accidents

Liability for slip and fall accidents is not reserved for private businesses and property owners. Municipalities are also on the hook to make sure that public properties are well-maintained and safely operating. If someone injures themselves by tripping on a city sidewalk under which a tree root has grown or slips on an icy ramp in front of a municipal office, they may be able to sue the city for associated damages. This includes medical expenses, out-of-pocket costs, lost wages, long-term disability,  and non-economic damages like pain and suffering. If they can prove liability, the at-fault municipality may be required to pay.

The 4 Steps to Proving Negligence in a NJ Slip and Fall Accident

In order to prove liability when it comes to slip-and-fall accidents involving public or private property owners and managers, the victim must demonstrate negligence. For an owner to be proven negligent, four factors must be shown. First, the property owner in question was responsible for maintaining the safe condition of the space in which the injury accident occurred. Second, they knew of the safety risks, hazards, or dangerous conditions. Third, having an awareness of the safety risk, they did not act to remedy the condition, as was their legal responsibility. Fourth, the victim was injured as a direct result of the owner’s negligence. Only by proving an owner’s negligence will an injury victim be able to seek damages.

New Jersey’s Comparative Negligence and Property Owner Liability

In New Jersey, the legal concept of comparative negligence exists. Comparative negligence means that multiple parties can be deemed responsible for causing an injury accident, including the victim. The amount of financial damages that a property owner is required to pay depends on the percentage of the accident that was directly caused by their negligence. They are only legally responsible for covering damages if their actions or inaction were 51 percent responsible for the injury accident. Additionally, they are only required to pay the percentage of expenses equivalent to the percentage of their responsibility. For example, if a business property owner did not scrape ice off of an exposed sidewalk in front of their shop, but some of the sidewalk was covered in a slip-proof rubber mat that the customer chose not to use, the owner may be rendered 70 percent responsible for the accident and required to pay 70 percent of damages.

Claim Filing Variations for Public and Private Property Slip and Fall Incidents

Our Team Can Help You Determine Liability for a Slip and Fall Accident in New Jersey

Proving liability and making sure that all administrative requirements are met when filing a claim are two important reasons to have a slip and fall lawyer working on your behalf. When you’ve been injured, you want to focus on healing. Let an experienced lawyer on our team gather necessary evidence, such as video footage and witness testimony, as well as file the necessary paperwork. We can also act as a representative when it comes to communicating with the responsible party’s insurance company, who will often try to lure the victim into making a statement proving their own fault.

Our team at Chamlin, Uliano, & Walsh has successfully represented clients in Howell, Long Branch, Neptune, Wall, Holmdel, Red Bank, Toms River, Middletown, and towns throughout Monmouth County, Ocean County, and Southern New Jersey who have been injured in slips, trips, and falls, and other accidents. In fact, our firm has been a trusted member of the community for over 50 years. Contact us today at (732) 440-3950 to schedule a free consultation and learn how we can help you get back on your feet.

What is the Key Legislation that Surrounds Slips Trips and Falls?

Last updated on 20th December 2023

In this article

It is important that you know the key legislation around slips, trips and falls, if you work in health and safety. Ensuring the health and safety of employees, and others, is not only moral and makes good business sense, it is also the law. Slips, trips and falls are a safety risk and can cause serious injury and even death. Health and safety laws are there to protect workers, and others, and to give them an opportunity to seek restitutions if a company fails in its duties.

According to Croner-i each year UK workers suffer about 11,000 major injuries caused by slips and trips.

Even though there is no specific legislation on slips, trips and falls, there are general laws that cover these risks.

• The Health and Safety at Work, etc. Act (1974).
• The Management of Health and Safety at Work Regulations (1999).
• The Workplace (Health, Safety and Welfare) Regulations (1992).

The Work at Height Regulations (2005)

The personal protective equipment at work regulations (1992).

The Health and Safety at Work, etc. Act (1974)

The Health and Safety at Work, etc. Act (1974) is a very large piece of legislation so you won’t cover it all in this unit, but you will be introduced to the general duties and how they relate to slips, trips and falls.

Under the HSWA, duties are placed on certain groups.

The main sections of the Act that will relate to slips, trips and falls are:

• Employer duties to their employees (section 2 of the Act).
• Employers and Self-Employed duties to others (non-employees) (section 3 of the Act).
• Persons concerned premises (section 4 of the Act).
• Employee duties (section 7 of the Act).
• Employees should not be charged for anything provided for health and safety (section 9 of the Act).

Employer duties 

Employers have an overall general duty to look after their employees’ health, safety and welfare whilst they are at work, so far as is reasonably practicable.

Employers also have a duty to ensure the following:

• The provision of safe plant.
• The provision of safe systems of work.
• The safe use, handling, storage and transport of substances and equipment.
• A safe place of work, which includes safe access and egress.
• A safe working environment.
• Adequate welfare facilities.
• Information, instruction, training and supervision.

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The Management of Health and Safety at Work Regulations (1999)

The Management of Health and Safety at Work Regulations (1999) are also a large piece of legislation and most of the regulation will apply to slips, trips and falls. The regulations require the following (remember, this is general legislation and does not specifically detail slips, trips and falls)

Employer duties

• Risk assessment – An employer has a duty to make suitable and sufficient risk assessments of the risks to employees and others, e.g. risk assessments will be required for slip, trip and fall hazards. The self-employed also have this duty.
• Principles of prevention – These principles are used to implement control measures. They are similar to a hierarchy where the aim is to firstly avoid the risks of slips, trips and falls. There are nine principles in total and although an employer should always aim for the first principle, all principles can be used in conjunction with one another. The last principle is giving appropriate instruction (about slips, trips and falls) to employees.
• Health and safety arrangements – The arrangements should cover planning, organisation, control, monitoring and review. An employer should have adequate arrangements to manage health and safety. These arrangements should include managing slips, trips and falls risks.
• Health and safety assistance – There should be a competent person to advise and assist with health and safety arrangements, e.g. reducing the risks from slips, trips and falls. This person can be from within the organisation or an external consultant.
• Procedures for serious and imminent danger and for danger areas – Procedures are required for emergencies, such as fire. If slips, trips and falls could be a risk during evacuation, this would need to be considered. Procedures are also required for any danger areas.
• Information for employees – Employees should be provided with information on slips, trips and falls; particularly on slip, trip and fall risk assessments and the precautions required to control the risks. Any information provided should be able to be understood by everyone, e.g. migrant workers.
• Cooperation and coordination – Where workplaces are shared, employers should cooperate and coordinate. For example, if there is a risk of slips, trips and falls in a common area that could affect another employer, they must be notified of the risk and precautions should be put in place.
• Capabilities and training – Employees must be provided with adequate training relevant to slip, trip and fall risks. Training should be refreshed regularly.
• Temporary workers – Temporary workers, such as those on a fixed-term contract or agency staff, are exposed to the same slip, trip and fall risks as permanent employees. They must be given adequate information on the risks. They should also have the necessary skills to do the job safely.
• Risk assessment in respect of new or expectant mothers – If new or expectant mothers are particularly at risk of slips, trips and falls, this must be included in the risk assessment and they must be protected from the risks.
• Protection of young persons – Young persons are those who are under 18. If young persons are at a particular risk of slips, trips and falls, then this must be included in the risk assessment. Young persons must be protected, as their lack of experience can put them at risk.

Employees have a duty to use equipment, and safety devices, in accordance with the training and instructions they receive. They should report any serious and imminent dangers to their employer, e.g. large spillage or trip hazard. They should also notify their employer of any shortcomings in their health and safety arrangements, e.g. poor management of slip, trip and fall risks.

The Workplace (Health, Safety and Welfare) Regulations (1992)

The Workplace (Health, Safety and Welfare) Regulations (1992) are applicable to most workplaces, but do not cover construction sites. These regulations cover the basic requirements for health, safety and welfare at work.

Slips and trips are covered under regulation 12, condition of floors and traffic routes. Falls are covered under regulation 13, but most of this section has been revoked and can now be found in the Work at Height Regulations (2005).

Employers, and also those in control of workplace premises, have duties under these regulations. Where there are shared areas in a building, e.g. lobbies/stairways, the building owner will be responsible for preventing slips, trips and falls.

Condition of floors and traffic routes

As far as slips, trips and falls are concerned, this section of the regulations requires the following to be considered:

• Floor surfaces and traffic routes should not have holes, uneven ground, slopes or be slippery if it is likely a person would slip, trip or fall.
• Any surfaces that are damaged should be repaired. If they cannot be repaired immediately, the damaged surfaces should be marked (e.g. by a sign) or protected (e.g. barriers).
• Slopes should not be unnecessarily steep. Where slopes are steeper, a handrail should be provided.
• If surfaces are likely to get wet, they should be of a type that reduces the risks of slipping. If there are other hazards nearby, floor surfaces should be non-slip and should be kept clear of obstructions.
• If the floor becomes contaminated (e.g. leak and spillages), it should be marked, fenced off and cleaned up as soon as possible.
• There should be slightly sloped flooring towards drainage systems if work activities make the floor wet. The drains and flooring should not increase the risk of slip and trip hazards, e.g. drains protruding from the floor surface.
• Processes and plant should not create slip hazards. Any discharges and leaks should be contained within the process/plant, e.g. bunds.
• Arrangements should be put in place for when it snows and when there are icy conditions, e.g. gritting or route closures.
• There should not be any obstructions on floors and traffic routes that cause a hazard or impede access. This is particularly important on staircases and emergency exit routes.
• Open staircases must have appropriate rails in place to prevent falls from height.

Falls are also covered under these regulations, but only where workers can fall into tanks and pits containing dangerous substances. These tanks and pits must be covered and must be fenced, so as to prevent falls.

The regulations also require suitable and sufficient lighting, outdoor workstations to be free of slip and trip hazards and for floors to be painted with a non-slip floor paint if they are likely to absorb contaminants.

Work on construction sites is covered under the Construction (Design and Management) Regulations (2015). Slip, trip and fall risks in construction will be covered under these regulations. You will not look at these regulations in this course.

Work at height used to be considered any height over 2 metres; now it is any distance above ground level where a person could fall and be injured. This also includes falling from ground level. Work at height does not include slips, trips and falls on the same level or falls from stairs in a building. However, someone can slip and trip at height and fall a distance that could cause serious injury or worse.

The Work at Height Regulations (2005) is the legislation surrounding working at height and its aim is to prevent death and injuries from falls. The regulations put duties on employers and those who control working at height activities. You will briefly look at the requirements of these regulations on the following slide.

The regulations require that:

• Working at height is properly planned, organised and supervised.
• People are competent to work at height and have received appropriate training.
• Working at height is avoided where possible. There is also a requirement for a risk assessment to be completed.
• The right equipment is used for working at height.
• Work on, or near to, fragile surfaces (higher risk of someone falling through) is avoided and if it can’t be avoided, further precautions are required.
• People are kept away from areas where falling objects can be a risk, by barriers and signage. Objects should be protected from falling in the first instance. Objects should not be thrown from heights.
• Any e quipment used for working at height and places of working at height should be inspected.

Employees, and others working at height, have a duty, under the regulations, to report any dangerous situations with working at height and equipment used. Working at height equipment must be used as per any training and instructions given.

The Personal Protective Equipment that will be relevant to slips, trips and falls is footwear. This will come under the Personal Protective Equipment at Work Regulations (1992).

The Personal Protective Equipment at Work Regulations (1992) were created as a result of a directive from the European Union. The regulations cover all PPE apart from hearing protection and RPE.

The main requirements of the regulations are:

• PPE provided must be: – Risk assessed, e.g. it needs to be adequate for the risks a worker is exposed to and it should fit properly. – Of a correct standard, e.g. the type should conform to relevant British, European and International standards. – Compatible with other types of PPE. – Maintained, e.g. cleaned, disinfected, repaired and inspected.
• Suitable places/equipment should be provided for a worker to store their PPE. This protects it from damage and contamination.
• Employees should be given information, instruction and training on its use.
• Employees must use PPE correctly and report defects when they occur.

It is important to note that employers cannot charge employees for PPE. PPE does not include work uniforms or ordinary working clothes.

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About the author

Eve Johnson

Eve has worked at CPD from the start, she organises the course and blog production, as well as supporting students with any problems they may have and helping them choose the correct courses. Eve is also studying for her Business Administration Level 3 qualification. Outside of work Eve likes to buy anything with flamingos on it, catching up with friends, spending time with her family and occasionally going to the gym!

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Creating a safe workplace for winter: preventing slips, trips, and falls.

Updated: Jan 30, 2024

While some might enjoy walking in a winter wonderland, if facilities managers aren’t careful, their employees’ journey could include slip, trip, and fall injuries, which can be costly for employers and employees. However, there are ways to be prepared for what Mother Nature has in store.

What Are Slips, Trips, and Falls?

The Occupational Safety and Health Administration (OSHA) defines slips, trips, and falls as:

• Slips: Loss of balance caused by too little friction between your feet and the surface you’re walking on. They occur in the winter because of pavement and sidewalk surfaces that are slippery from snow or ice.
• Trips: When your feet hit an object and you move with enough momentum to be thrown out of balance. Unsecured floor mats and snow-covered curbs can cause people to trip.
• Falls: When you move too far off your center of balance. This can happen due to slips and trips and result in injuries and fatalities.

Learn more by reading “ Back to Basics: Slips, Trips, and Falls ” on EHS Daily Advisor .

Injury Statistics

While slips, trips, and falls occur more often this time of year because of snow and ice, these types of incidents are expensive year-round.

The cost of “falls on the same level” for employers is $8.98 billion a year.

According to the U.S. Department of Labor , slip, trip, and fall accidents are:

• The cause of 15% (12,000 a year) of all accidental deaths;
• The second-leading cause of accidental deaths, behind motor vehicles;
• The most frequently reported of all injuries, causing 25% of insurance claims annually;
• Over 17% of all disabling occupational injuries; and
• 15% to 20% of all workers’ compensation costs.

In the latest data available, the U.S. Bureau of Labor Statistics shows there were 22 fatalities and 13,960 cases of injuries due to ice, sleet, and snow, with 5,870 injuries requiring a medical visit in 2020. But most of these injuries could have been prevented.

Complying with the Law

Employers should be concerned about winter slips, trips, and falls not just because of possible fatalities and injuries but also because being complacent could lead to civil and criminal penalties for breaking the law. They can avoid this by taking the following steps:

1. Promptly Remove Snow and Ice

According to the American National Standards Institute (ANSI) article on “Winter Slip and Fall Prevention,” after a winter storm, facilities teams should focus on “removal of winter obstructions on walkway drainage systems, stair systems, ramps, and handrails, as well as barricading hazardous areas to discourage pedestrian travel.”

Additionally, keep in mind that snow and ice need to be removed from internal roads, parking lots, sidewalks, and building entrances by using shovels, snow rakes, snow throwers, and snowblowers. Read about the pros and cons of each tool by checking out “ Choosing the Right Tools for Snow Removal ” on Facilities Management Advisor .

2. Use Chemicals

According to OSHA, employers are responsible for not only clearing walking surfaces of snow and ice but also spreading de-icer as soon as possible following winter storms.

For parking lots, use rock salt or, in unusually cold climates, calcium chloride; for road treatment, use liquid brine; and for building entrances, use non-chloride potassium. To learn more, read “ Getting Your Facility Ready for Snow and Ice ” on Facilities Management Advisor .

3. Use and Maintain Floor Mats

Floor mats inside facilities should be removed and replaced when saturated with moisture, according to the “ Standard Guide For Commercial Entrance Matting In Reducing Slips, Trips And Falls ” by ANSI and the National Floor Safety Institute (NFSI).

Consider installing floor mats that are at least 10 feet long, but use mats that are at least 20 feet long if you have a high-volume facility. Learn more about floor mats by checking out “ Three Very Good Reasons for Installing Floor Mats ” on Facilities Management Advisor .

4. Check Exterior Lighting and Drainage

Facilities managers should ensure their worksite complies with “ OSHA 1915.82(a)(1) —Lighting,” which requires employers to ensure “each work area and walkway is adequately lighted.” Check to ensure walking paths, parking lots, and internal roads have adequate lighting , and replace any burned-out or damaged lights. Lighting allows employees to see snow and ice hazards more clearly.

Additionally, follow “ OSHA 1910.22 (a)(1) —Walking-Working Surfaces,” which requires “walking-working surfaces” to be “in a clean, orderly and sanitary condition.” This applies to interior and exterior walkways. Also, ensure snow can drain into sewers or grass to prevent ice from constantly forming in the same locations.

Avoid slips, trips, and falls by promptly removing snow and ice, using chemicals, installing floor mats, and checking lighting and drainage after winter storms. To learn more tips to stay safe, read “ 10 Safety Measures for Winter Workers ” on Facilities Management Advisor .

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• Workplace guidance

Slips, trips and falls

Slip, trip and fall legislation.

Information on the legislation around slips, trips and falls in the workplace

Workplace (Health, Safety and Welfare) Regulations 1992

These cover all aspects of the workplace, including a requirement that floors are suitable, in good condition and free from obstructions.

The Health and Safety at Work etc Act 1974

The Health and Safety at Work etc Act 1974 (external site) places the general duty on you to ensure the health, safety and welfare at work of all your employees.

To achieve this you need to provide adequate:

• instruction
• information
• supervision

It also places duties on employees to take reasonable care of their own safety and that of others. They must co-operate with their employer to help them meet their legal obligations.

Management of Health and Safety at Work

Management of Health and Safety at Work Regulations 1999 (external site) state you must assess the risks to employees and make arrangements for their health and safety by effective:

Personal Protective Equipment Regulations 1992

The Personal Protective Eq​uipment Regulations 1992 (external site) place duties on you to protect your employees from the risk of injury in the workplace. This includes a requirement to provide and ensure the correct use of suitable personal protective equipment. This could include footwear if required.

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Slip/Trip and Fall

Such accidents can result in significant, life-changing injuries, including broken bones and possibly worse.

If you have been injured as a result of a fall on someone else’s property, we can help.

Common conditions causing slip/trip and fall accidents include:

• Washed floors or stairs
• Rain, snow, and/or ice
• Slippery substances, such as paint, wax, oil, or food
• Protrusions or uneven surfaces
• Uneven or otherwise dangerous stairs
• Loose or uneven carpeting
• Poor lighting conditions
• Broken or cracked sidewalks

If you have been injured in a slip-and-fall or trip-and-fall accident in New York City, contact us today for a free consultation to discuss your legal rights.

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Slips, trips and falls

Each year slips, trips and falls cause thousands of preventable injuries.

• Safety by topic

The most common ones are: 

• musculoskeletal injuries (injuries to muscles, nerves, tendons, joints, cartilage and spinal discs)
• dislocations. 

More serious injuries and deaths can also happen. 

Slip, trip and fall hazards 

Some things that can cause you to slip are: 

• the wrong footwear 
• polished, wet or greasy floors. 

In most cases, people trip on low obstacles that are hard to spot, such as: 

• uneven edges in flooring 
• loose mats 
• open drawers 
• untidy tools, or 
• electrical cables. 

Falls can result from a slip or trip, but many occur from low heights. For example: 

• ditches, or 
• wet or slippery surfaces. 

WHS duties  

As a person conducting a business or undertaking (PCBU), you must always aim to eliminate the risk of slips, trips and falls, so far as is reasonably practicable. If that is not possible, you must minimise risks so far as is reasonably practicable. 

You must identify hazards, and assess and control risks. Think about your: 

• work areas 
• work procedures 
• equipment.  

Consulting with workers can help you find better and easier ways to identify and minimise risks. You should also review control measures to ensure they are working as planned.  

Workers also have duties, including taking reasonable care for their own health and safety. 

Managing risks  

The best way to manage the risk of slips, trips and falls is to eliminate hazards at the design stage of the workplace.  

If you can’t eliminate the risk, you must minimise it so far as is reasonably practicable. 

Designing safe workplaces 

In designing floors, stairs, lighting, drainage and storage: 

• keep floors at a single level and use slip-resistant floor coverings 
• install extra power points to avoid trip hazards from trailing cords 
• ensure all areas are well lit, particularly stairwells 
• have good drainage and slip resistant grates 
• have lots of storage, so things aren’t left in walkways. 

Safe work procedures 

Work procedures can also impact on the incidence of slips, trips and falls. Have clear procedures to: 

• remove rubbish to avoid trip hazards 
• return tools and other items to their storage areas after use 
• report and clean spills 

Keep the workplace clean 

All workers share responsibility for keeping the workplace clean and tidy.  

Make sure you: 

• have adequate rubbish and recycling bins 
• have cleaning schedules in place 
• dry floors after cleaning 
• don’t have cords on walkway or work area floors. 

Training helps workers become more aware of slip and trip hazards and helps to prevent injuries.  

Training should include:  

• awareness of slip and trip hazards 
• identifying effective control measures 
• duties of workers. 

Using personal protective equipment (PPE) 

As a PCBU, you should only use PPE: 

• after you have implemented all other possible control measures. 
• as an interim measure until you can use a better control measure 
• as a backup in addition to other control measures. 

Slip-resistant footwear 

Slip-resistant footwear is a type of PPE. 

Slip-resistant footwear should be appropriate for the work and workers must wear it properly. 

In wet conditions, the shoe sole tread should: 

• be deep enough to help penetrate the surface water 
• make direct contact with the floor. 

In dry conditions, the shoe sole tread: 

• pattern should be a flat bottom construction 
• should grip the floor with maximum contact area. 

Types of slip-resistant footwear 

Urethane and rubber soles are more slip resistant than vinyl and leather soles.  

Sole materials that have tiny cell like features are slip resistant. 

Supporting information

• Model Code of Practice: How to manage work health and safety risks  
• Model Code of Practice: Managing the work environment and facilities 
• Slips and trips at the workplace fact sheet  
• The interactive safe work method statement (SWMS) tool provides information on preparing, using and reviewing SWMS for high risk construction work.

News related to this topic

01 Dec 2023 | News

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Further Advice

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Preventing slips, trips, and falls in the workplace

Learn about the steps you can take to minimize risk and prevent slips, trips, and falls in your workplace.

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Falls from heights and same-level falls can happen anywhere, anytime.

Every year falls lead to a significant number of worker injuries and deaths, particularly in construction. Slips, trips and falls are some of the leading injuries that cause workers to miss time at work. You can help prevent slips, trips, and falls. Preventing these injuries is a critical goal for every safe and healthy workplace.

This resource provides general information on slips, trips, and falls in the workplace and does not address industry-specific regulatory requirements.

Employer responsibilities

Employers must:

• take every precaution reasonable in the circumstances for the protection of workers
• provide information, instruction, and supervision to workers to protect the health or safety of the workers
• acquaint workers and supervisors with any slip, trip, or fall hazard in the work and in the handling, storage, and use of any article, device, or equipment

These duties may involve:

• identifying and assessing the risk of job-specific slip, trip and fall hazards
• establishing controls to eliminate or reduce workers’ exposure to slip, trip and fall hazards
• ensuring the control measures are working

Worker responsibilities

Workers must:

• report known slip, trip or fall hazards to the employer or supervisor
• use or wear equipment, protective devices or clothing required by the employer
• report to the employer or supervisor the absence of or defect in any equipment or protective device of which they are aware and which may endanger them or other workers

Slip, trip and fall hazards

Consider the following common slip, trip and fall hazards in your workplace:

• slippery surfaces (for example, oily or greasy surfaces)
• seasonal slip, trip and fall hazards (for example, snow and ice)
• spills of wet or dry substances
• changes in walkway levels and slopes
• unsecured mats
• unsafe use of ladders
• poor lighting
• falls from beds of trucks, trailers or loads
• debris and cables in walkways
• smoke, steam or dust obscuring view
• lack of guardrails on mezzanines and balconies
• unsuitable footwear
• poorly maintained equipment (for example, ladders, fall arrest,  etc. )

Controlling hazards

Consider the following when establishing safe work practices for your workplace:

• characteristics of physical work area
• weather conditions (for example, snow, ice, rain,  etc. )
• tasks performed
• workers’ work practices

Control measures for slip, trip and fall hazards may include:

• engineering controls
• administrative controls
• safe work practices
• personal protective equipment

Engineering controls

Engineering controls include:

• slip-resistant flooring and slip-resistant mats
• slope of surface (for example, ramps and handrails)
• surface free of obstructions/holes
• appropriate drainage
• adequate lighting (minimize glare and contrast)
• minimize environmental influences (for example, blocking wind, preventing wet surfaces from icing,  etc. )
• guardrails for raised floors, mezzanines and balconies
• sound footing for ladders and work platforms
• covers for openings in floors or other surfaces

Administrative controls

Administrative controls include:

• provide wet floor signage
• train workers to prevent slips, trips and falls
• establish safe work practices
• communicate a procedure for reporting hazards
• ensure prompt maintenance
• design jobs to minimize tasks requiring excessive pushing/pulling, line-of-sight obstruction and over-reaching
• ensure shovels, mops and buckets are readily available
• correct poor work practices
• conduct joint health and safety committee monthly inspections
• review slip, trip and fall incidents

Safe work practices

Safe work practices include:

• clean up spills promptly
• remove debris, snow and ice
• routinely clean floors with appropriate solutions
• use two hands to climb/descend ladders
• maintain three-point contact on ladders
• clean castors on wheeled carts
• remove clutter from walking surfaces
• clean grease build-up from slip resistant mats

Personal protective equipment

• Select appropriate footwear based on a risk assessment of the job task.
• Wear proper-fitting footwear that may include slip-resistant soles.
• Properly select, use and maintain fall protection equipment.

Find information below on how to prevent falls in specific workplace environments.

All sectors

Proper ergonomics can protect workers from slips, trips and falls. Learn more about ladder ergonomics and what employers can do to reduce falls .

The Workplace Safety and Insurance Board ( WSIB )’s Health and Safety Excellence program can help you prevent falls in your workplace with resources about a number of topics including:

• recognition of hazards
• risk assessment
• control of hazards
• health and safety training and competency

Successfully learning about these program topics may also earn you WSIB rebates and recognition.

Construction

• Training for working at heights
• Video: Fall Hazards in Construction and Inspectors’ Enforcement Tools
• Video: Safety on Swing Stages
• Infrastructure Health & Safety Association: Fall Prevention and Working at Heights ( IHSA )
• Video: Commercial Kitchens: Slips, Trips, Falls and Other Hazards
• Workplace Safety & Prevention Services: Slips, Trips & Falls ( WSPS )

Health care

• Public Services Health & Safety Association ( PSHSA )
• Workplace Safety North: Falls ( WSN )

This resource does not replace the Occupational Health and Safety Act ( OHSA ) and its regulations and should not be used as or considered legal advice . Health and safety inspectors apply and enforce these laws based on the facts they find in the workplace.

We have included links to other websites, but this does not mean that we endorse their information as compliant with the OHSA or the regulations.

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The Law on Slips, Trips and Falls on the Same Level

The 2005 Act  

• requires safe access and egress  for work
• places a duty on those who design  buildings or structures to ensure that they are safe
• obliges those who design, supply and install flooring  to ensure it is properly tested, safe and has information about safe use, maintenance and cleaning. That information may also be in the  Construction Regulations safety file

Regulations require that

• workplaces are clean
• floors , outdoor workstations , work at height surfaces  and working platforms are not slippery
• floors  do not have dangerous bumps, holes or slopes
• floors  are fixed and stable

Section 8 of the Safety, Health and Welfare at Work Act 2005 requires employers to ensure, so far as is reasonably practicable, the design, provision and maintenance of a safe workplace with safe access and egress . Duties in respect of hazard identification, risk assessment and safety statements are set out in sections 18 , 19 and 20

Section 12 requires employers to assess the competence of a contractor

Section 21 requires employers who share a place of work to co-operate in complying with and implementing health and safety provisions and to coordinate their preventive activities and keep each other and their respective employees, and safety representatives (if any), informed about the risks, including the exchange of safety statements or relevant extracts of them relating to hazards and risks to employees

Section 16 requires designers, manufacturers, importers or suppliers of articles used at work to provide or arrange for adequate information (and any revised information) to ensure safe use. They must also ensure, so far as is reasonably practicable, the article

• is designed and constructed so that it can be used safely and without risk
• complies with relevant legislation, and
• is properly tested and examined

Section 17 places a duty on those who design buildings or structures to ensure that they are safe and without risk to health

The Safety, Health and Welfare (General Application) Regulations require that floors of rooms shall not have dangerous bumps, holes or slopes and that they be fixed, stable and not slippery

Regulation 18 of the General Application Regulations says that every place of work should be kept clean and accumulations removed as frequently as necessary

Regulation 23 of the General Application Regulations says that outdoor workstations should be arranged so that employees are protected against inclement weather and cannot slip or fall

Regulation 99 of the General Application Regulations says that a place of work at height , or access or egress to it, should be constructed, used and maintained to prevent the risk of slipping or tripping

Regulation 105 of the General Application Regulations says that a working platform should be erected and used and maintained to prevent the risk of slipping or tripping

These Regulations state an employer shall ensure personal protective equipment ( PPE ) is provided where risks cannot be avoided or sufficiently limited by other means. The regulations require that the employer providing PPE should ensure it's properly maintained and replaced as necessary. PPE should be provided free-of-charge to the employee

Regulation 160 says safety signs can only be used where hazards cannot be avoided or adequately reduced by other means. 2.2 of Part B of Schedule 9 of the General Application Regulations says that a sign must be removed when the situation to which it refers ceases to exist

1.1.3 of Part A of Schedule 9 of the General Application Regulations says that places where there is a risk of colliding with obstacles or of falling shall be permanently marked with a safety colour or with signboards (or both). Part E specifies places with a risk of falling shall be marked with alternating yellow and black, or red and white 45° stripes with dimensions commensurate with the dangerous location. For some visually impaired people , floor coverings with striped patterns should be avoided 

Regulation 30 of the Construction Regulations 2006 says that a site must be safe and without risk of injury with safe access and egress

Under section 19 of the 2005 Act , employers are required to carry out risk assessments and to record these in the Safety Statement .

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