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

Fall accidents happen thousands of times every day across New York, leaving victims with serious injuries and mounting medical bills. While the terms "slip and fall" and "trip and fall" are often used interchangeably, they describe distinctly different types of incidents that can significantly impact your personal injury case and the amount of compensation you receive.

In this blog post, our slip & fall injury lawyers will explain the key differences between these accidents and how we can win the maximum amount of money you deserve after a fall accident occurs.

What Is a Slip and Fall Accident?

A slip and fall accident occurs when someone loses traction on a slippery surface, causing their feet to slide out from under them and resulting in a backward fall. These incidents happen when there's insufficient friction between the person's footwear and the walking surface.

What Is a Trip and Fall Accident?

A trip and fall accident happens when someone stumbles over an object or obstacle in their path, causing them to lose balance and fall forward. These incidents typically occur when a person cannot adjust their gait quickly enough to avoid an object or hazard they didn't see or misjudge.

Trip and Fall vs. Slip and Fall Comparison

While the terms "slip and fall" and "trip and fall" are often used interchangeably, they describe distinct incidents with different causes and resulting injury patterns.

The key difference between a trip and fall and a slip and fall lies in the cause of the fall and the body's motion. A trip is caused by an obstruction, while a slip is caused by a lack of friction.

Steps to Take After a Slip and Fall or Trip and Fall Accident

If you've been involved in a fall accident, the actions you take immediately afterward can significantly impact your ability to recover compensation. Here's what you should do:

1. Seek Immediate Medical Attention

Your health is the top priority. Even if your injuries seem minor, see a medical professional right away. Fall-related injuries can be deceptive — what feels like a minor bruise could be a serious injury that worsens over time. Immediate medical attention serves two purposes: it ensures proper treatment on the day of the incident and creates documentation of your injuries that's essential for any legal claim.

2. Document the Scene

If you're physically able, take photographs of:

• The exact location where the fall accident occurs
• The hazard that caused your fall (wet floors, uneven surface, poor lighting, etc.)
• Your injuries and any damage to your clothing
• The surrounding area to show a lack of warning signs
• Any visible surveillance cameras

3. Contact Our Personal Injury Attorneys

Fall cases can be complex, and property owners often dispute liability. Our knowledgeable and skilled attorneys can use our decades of experience to build a strong case and fight for the compensation you deserve.

4. Report the Incident

Notify the property owner, manager, or supervisor immediately. Request that they create a written incident report and ask for a copy. If the accident happened on public property, report it to the appropriate municipal authority.

5. Gather Witness Information

If anyone saw your fall, get their names and contact information. Witness testimony can be valuable evidence if you need to file a personal injury claim.

6. Preserve Evidence

Keep the shoes and clothing you were wearing during the fall. Don't wash or repair them, as they may contain important evidence about the severity of your fall and the conditions that caused it.

7. Avoid Making Statements

Don't give recorded statements to insurance companies or sign any documents without first consulting with an experienced attorney. Be cautious about what you post on social media regarding your accident.

How a Trip and Fall or Slip and Fall Lawsuit Works in NY

Fall accidents are covered under New York State’s premises liability law, which holds property owners responsible for maintaining safe conditions on their property. To win a slip and fall or trip and fall case, you must prove several elements:

Duty of Care

The property owner had a legal obligation to keep the premises reasonably safe for visitors. This duty varies depending on your status as an invitee (customer), licensee (social guest), or, in rare cases, a trespasser.

Breach of Duty

The property owner failed to meet their obligation by either creating a dangerous condition or failing to address a known hazard. This could mean:

• Failing to clean up spills promptly
• Not salting icy walkways
• Ignoring broken pavement or uneven surfaces
• Providing inadequate lighting
• Not warning visitors of potential hazards

Causation

You must show that the property owner's negligence directly caused your fall and resulting injuries. This is where the distinction between slip and fall vs. trip and fall becomes important. Your description of what happened and what caused you to fall must match the physical evidence and injury pattern.

Damages

You suffered actual losses from the accident, including:

• Medical bills and ongoing treatment costs
• Lost wages from time off work
• Lost income due to reduced earning capacity
• Pain and suffering
• Life-altering consequences from severe injuries

Trip and Fall Injuries

Since victims typically fall forward:

• Facial injuries and dental damage
• Head trauma and brain injuries
• Broken wrists, arms, and elbow injuries from trying to break the fall
• Knee injuries from striking the ground
• Foot injuries if the foot remains caught

Slip and Fall Injuries

Since victims typically fall backward:

• Spinal injuries and back trauma
• Brain injury from the back of the head hitting the ground
• Neck injuries from the whipping motion
• Hip fractures, particularly in older adults
• Tailbone injuries

Property Owner's Negligence and Your Rights

Property owners have specific responsibilities to keep their premises safe. When they fail in this duty, they can be held liable for injuries that result. Common examples of property owners' negligence include:

• Failing to promptly clean spills or wet floors
• Not providing adequate warning signs for hazards
• Ignoring maintenance issues like loose mats or broken pavement
• Inadequate snow and ice removal
• Poor lighting in areas where people walk
• Allowing trip hazards to remain in walkways

If the property owner failed to address these conditions and you suffered injuries as a result, you may be entitled to compensation for medical treatment, lost wages, pain and suffering, and other damages.

Time Limits for Filing Your Claim

In New York, you generally have three years from the date of your fall accident to file a personal injury lawsuit. However, if your accident occurred on government property, you may have as little as 90 days to file a notice of claim. Don't wait — evidence disappears, witnesses forget details, and critical deadlines can be missed.

Get the Compensation You Deserve

Fall accidents can have serious consequences that shouldn't be your financial responsibility when caused by someone else's negligence. Whether you've suffered traumatic brain injuries, broken bones, or other significant injuries, you deserve compensation for your losses.

Contact us today for a free consultation to discuss your slip and fall or trip and fall case and learn how we can help you recover the compensation you deserve.