Trip and fall lawsuit loans help injured plaintiffs with immediate access to cash prior to settlement. Every year, millions of personal injury plaintiffs, who were injured from a slip and fall incident, file lawsuits in the American court system.
In this post, we examine the different types of fall accidents and how those differences affect liability under state negligence laws. We also discuss how liability issues enter into lawsuit loan underwriting decisions.
Fall Cases are Based in Negligence
Negligence lawsuits arise when one party owes a duty of care to another, that duty was breached in some way and the breach resulted in damages. Negligence is society’s safety net for those injured through no fault of their own. Those who owe this duty of care to others often use insurance policies to mitigate this risk.
A common example is an automobile accident. All motorists owe a duty to the other drivers to follow the rules of the road, obey traffic signals, remain sober and attentive, etc. Because accidents can and do happen, motorists purchase auto insurance policies to protect injured parties but also themselves from liability.
Fall cases are also usually insured because certain parties owe a duty of care to other for safe pedestrian travel on walkways, aisles, and other avenues of movement. Trip and slip and fall lawsuits arise naturally from these societal relationships.
Although slip and falls and trip and falls are both based in negligence, there are some differences. Below, we discuss a few.
Slip vs. Trip and Fall Cases
“Tripping” means the falling forward because you:
- stepped on something slippery or something that made you lose your balance
- got your foot/leg caught on an object or stuck in an object
- failed to step all the way over an obstacle that was fixed
“Slipping” generally means falling backward because you:
- stepped upon a slippery surface
- stepped upon shifting ground such as loose pavement, etc.
While the difference might not mean much at first glance, there are significant differences. For example, tripping usually results in the front parts of the body being injured. These might include knees, wrists, hands, face, arms.
Slipping might also include arm injuries but most likely would also include back and hip injuries, and injuries to the back of the head, concussions, etc.
Trip and Fall Examples
- A drain pipe is exposed through a portion of the sidewalk as a result of sloppy masonry work. A passerby trips over the pipe and falls on his face resulting in a broken nose and scrapes. The victim breaks his wrist attempting to break his fall.
- An grocery store owner leaves a half stock pallet of product in the aisle unattended by any employees. A customer fails to step over the obstacle and trips over the product injuring his arm and left knee.
- A landlord is repairing a walkway to the apartment units but the repair remains unfinished. Loose concrete causes an invitee to loose his footing and fall. His knee and wrists are injured as a result.
Slip and Fall Examples
- An ice storm results in an inch thick sheet of ice in front of a department store. After 24 hours, the area is still not salted or otherwise made safe. A customer falls on the ice backwards and breaks her tailbone.
- Ketchup is spilled in an aisle at the grocery store. Over 30 minutes pass and the spill is not cleaned by an employee or other worker. A customer is looking up to browse the shelved products and slips on the ketchup. The fall causes severe low back pain. MRI’s show a herniated disk in the lumbar region.
Why are the Differences Important?
The difference between trip and fall and slip and fall cases can be important because a recovery is often the result of seemingly minute details. For example, a trip and fall can occur on a temporary condition or on a condition that has been in that state for days, months or even years.
The condition’s duration may be important when the injured plaintiff is trying to prove the notice requirement under the law. That is, in proving liability, the plaintiff must demonstrate the premises owner had actual or constructive notice of the dangerous condition. Constructive notice means the owner should have known of the condition.
For example, the spilled ketchup in the grocery store aisle, which was there for over 30 minutes could meet the notice requirement if a jury decides 30 minutes was enough time for a grocery store to notice and remedy the condition. Conversely, if the spill just occurred seconds before the fall, plaintiff would have a much more difficult time proving constructive notice.
As a general (not absolute) rule, slip and falls occur on more temporary conditions such as ice, or spills. Trip and falls occur on more static hazards such as structures in disrepair or deteriorating conditions.
Slip and Fall and Trip and Falls – Using Lawsuit Funding
Whether a slip or trip and fall, plaintiffs face an uphill battle with their cases. Personal injury cases take time and injured victims can expect many months or years to pass before they are compensated.
Meanwhile, bills and other expenses keep piling up. Many plaintiffs can find themselves unable to make ends meet while their case progresses. Worse, many are forced to accept low ball settlement offers just to ease the financial strain. Lawsuit loans for fall cases can be a solution.
What is a Trip and Fall Lawsuit Funding?
Trip and fall lawsuit loans are financial transactions where a lawsuit lender advances money to a trip and fall plaintiff prior to settlement. The plaintiff in return, pledges a portion of the settlement to the funding company.
Lawsuit Loans are Non-recourse
Lawsuit loans are specialty financial instruments which differ from traditional loans. While traditional loans imply repayment under all circumstances and at some point in the future, lawsuit loans for trip and fall lawsuits, are only repaid if the case is successful. Because of this, lawsuit loans are non-recourse funding.
Non recourse funding means the funding company cannot pursue the plaintiff personally for repayment. The sole source of repayment must come from the lawsuit. The unique nature of these financial instruments means that credit history or employment status is irrelevant.
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How to Get a Trip and Fall Lawsuit Loan
To get started with a trip and fall lawsuit loan, simply give us a call at 888-964-2224 or Apply Now. One of our representatives will contact you and discuss your funding options. You are under no obligation and the call is FREE.
Thank you for your interest in trip and fall lawsuit loans.