Can a Hospital Be Responsible For Slip and Fall Accidents?

Legally Reviewed and Edited by: Terry Cochran

Slip and fall accidents can happen anywhere, even in places where we expect to feel safe, like hospitals. While hospitals are often associated with healing and medical care, they can also be the site of serious injuries due to hazardous conditions.

Slip and fall accidents in hospitals can leave you with mounting medical bills and lost wages, impacting your quality of life and putting you in a vulnerable financial position. So, who’s responsible for these damages?

Learn when a hospital is responsible for slip and fall accidents and how our skilled premises liability attorneys at Cochran, Kroll, & Associates, P.C. can help you seek fair compensation.

What Is Premises Liability?

Hospitals, like other property owners, are responsible for keeping their premises safe for patients, visitors, and staff. This responsibility falls under premises liability laws, which require property owners to maintain a safe environment and address any hazards that could lead to injuries.

If a slip and fall accident occurs due to the hospital’s negligence—such as failing to clean up spills, fix broken floors, or provide proper lighting—the hospital may be liable for any resulting injuries.

6 Common Causes of Slip and Fall Accidents in Hospitals

Michigan hospitals are busy environments with constant activity, which increases the risk of slip and fall accidents if safety measures aren’t properly maintained. Below are some of the most common causes of these accidents in hospital settings:

1. Wet Floors

Wet or slippery floors are a frequent cause of slip and fall accidents in hospitals. Spills from water, cleaning solutions, or bodily fluids are common in healthcare facilities. Additionally, floors that have been recently mopped or treated can become hazardous if not properly marked.

When hospital staff fail to display adequate warning signs or clean up spills quickly, it creates an environment ripe for accidents. Some specific scenarios include:

• Spills in patient rooms from IV bags, medications, or other medical equipment
• Leaks from hospital equipment like air conditioning units or refrigeration units in storage areas
• Moisture from weather, such as rain or snow, being tracked in from entrances without proper mats or cleaning

When floors are wet and not addressed promptly, anyone walking through the area, especially patients with mobility issues, is at risk of a serious fall.

2. Cluttered Walkways

Hospital hallways often contain medical carts, wheelchairs, and other equipment that can create tripping hazards. This is especially problematic in emergency rooms, surgical areas, or departments handling high patient volumes.

Loose wires, tubes, or improperly stored furniture in narrow walkways can cause someone to trip and fall. The risk increases when patients with limited mobility move through the facility or staff members are hurrying and may not notice the obstacles in their path.

Common tripping hazards include:

• Medical equipment left unattended in hallways
• Improperly stored wheelchairs or stretchers
• Personal belongings, such as bags, left in public areas by patients or visitors

These types of clutter violate safety standards and can lead to premises liability claims if someone is hurt due to improper organization of hospital spaces.

3. Poor Lighting

Inadequate lighting is another common hazard in hospitals. Well-lit spaces are critical in stairwells, hallways, waiting rooms, and parking lots, where visibility is crucial to prevent accidents. Poor lighting can make it challenging to see steps, uneven surfaces, or hazards like spilled liquids or debris, increasing the likelihood of a fall.

This issue can arise in:

• Parking lots or entrances, especially during evening or early morning hours
• Dimly lit stairwells, where steps may be hard to see
• Hospital hallways where lights are flickering or not functioning at full capacity

Proper lighting is a fundamental aspect of maintaining a safe environment, and neglect can result in a fall case if someone is injured.

4. Damaged Flooring

Hospitals, like any other facility, experience wear and tear over time. Issues like broken tiles, cracked flooring, torn carpeting, or uneven surfaces can pose a risk for slip and fall accidents. When hospital staff fail to address these maintenance issues promptly, they can be liable for damages.

Some common flooring issues include:

• Loose or torn carpeting in waiting rooms or patient rooms
• Uneven surfaces, such as cracked tiles or misaligned flooring panels
• Rugs or mats that are not properly secured and may curl up or bunch

Even a minor flooring defect can lead to a serious accident, particularly for elderly patients or those already dealing with health issues. In 2021, over 38,000 adults over 65 died due to falls, making it a leading cause of injury or death. To prevent these tragedies, hospitals need to perform regular maintenance and repairs.

5. Staircase and Handrail Hazards

Staircases in hospitals can be dangerous when not maintained properly. Missing or broken handrails, slippery stair surfaces, or stairs that lack proper tread can increase the risk of falls. Patients or visitors who use staircases instead of elevators might struggle with balance or mobility, making handrails even more critical for safety.

Potential issues include:

• Broken or unstable handrails that cannot support someone if they lose their balance
• Stairs that become slippery, especially when not properly maintained or during inclement weather
• Lack of non-slip treads on stairs, increasing the risk of falls, particularly for elderly patients or those in a hurry

When a fall occurs due to issues with staircases or handrails, the hospital may be held responsible for failing to maintain a safe environment.

6. Environmental Hazards and Weather Conditions

In addition to hazards inside the hospital, external environmental conditions can contribute to slip and fall accidents. In colder climates like Michigan, rain, snow, and ice can build up at entrances or parking lots, creating a slipping risk if not properly maintained. If hospital staff fail to clear ice or provide adequate warnings about wet surfaces, they may be held liable for accidents.

Other weather-related issues include:

• Ice or snow build-up in parking lots and entrances
• Wet floors inside due to tracked-in rain or snow
• Improperly maintained sidewalks or ramps leading into the hospital

Hospitals must manage weather-related hazards effectively to prevent workplace slip and fall injuries.

When any of these hazards are present in a hospital, they can lead to dangerous slip and fall accidents, potentially causing serious injury. Patients or visitors who suffer a slip and fall in a hospital may be able to file a premises liability claim to seek compensation for medical bills, lost wages, and pain and suffering.

Proving Hospital Liability for Slip and Fall Injuries

If you’ve been injured in a slip and fall accident in a hospital, it’s essential to understand that not every accident will result in the hospital being held responsible. For the hospital to be liable for your injuries, you must establish certain legal elements that demonstrate negligence on their part.

Proving liability requires more than just showing that you were hurt—you need to clearly outline how the hospital’s actions or inactions directly led to your accident. Here’s a breakdown of the key elements you’ll need to establish:

1. Duty of Care

The first step in a premises liability claim is proving the hospital owed you a duty of care. Like other property owners, hospitals must maintain a safe environment for everyone on their premises. This duty includes identifying and fixing hazards that could put people at risk.

The hospital is responsible for regular inspections, quickly cleaning spills, clearing walkways, and providing proper lighting and signage. Essentially, they must take reasonable steps to prevent accidents.

If you can show the hospital was responsible for keeping the premises safe and owed you this duty while you were there, you’ve completed the first step in proving liability.

2. Breach of Duty

Once the duty of care is established, the next step is to prove that the hospital breached that duty. A breach of duty occurs when the hospital fails to meet the standards required to keep the premises safe. This could involve neglecting to repair broken flooring, failing to clean up a spill in a timely manner, or not providing proper warning signs about potential hazards, such as slippery floors or uneven surfaces.

For example, if a spill occurred in a hospital hallway and hospital staff did not clean it up or place a warning sign in a reasonable amount of time, that could be considered a breach of duty.

Similarly, if a stairwell had poor lighting and the hospital failed to fix it, leading to a fall, that might also qualify as a breach. To prove this element, you will need to provide evidence that the hospital’s failure to address these hazards led directly to the unsafe condition that caused your injury.

3. Causation

Proving causation is essential in a slip and fall case. You must show that the hospital’s breach of duty directly caused your injury. It’s not enough to prove negligence; there must be a clear link between the hazardous condition and your accident.

For example, if you slipped on an unmarked wet floor, you must show that the wet floor caused your fall, not something unrelated like inattention or a pre-existing condition. The same applies if you tripped over clutter in a hallway—you need to prove the clutter caused the fall.

This can be challenging, as the hospital may argue your actions or a pre-existing issue caused the accident. Solid evidence, like photos, witness statements, or security footage, can help prove causation.

4. Damages

To hold the hospital liable, you must show that you suffered actual damages from the slip and fall. Damages can include physical and financial harm, such as medical bills, lost wages, and pain and suffering caused by the accident.

For instance, you can claim those costs if you broke a bone and needed surgery or physical therapy. If the injury caused you to miss work or limited your ability to perform job duties, you could be compensated for lost income.

Non-economic damages, like pain and suffering or emotional distress, can also be considered if the accident significantly impacted your life. The key is to show how the injury affected you physically and financially, backed by documentation.

Gathering Evidence To Prove Hospital Liability

To build a strong case and prove these elements, you must gather persuasive evidence. A qualified attorney from Cochran, Kroll, & Associates, P.C. can help you gather the following to establish that the hospital’s negligence led to your injury:

• Photos and videos. Immediately after the accident, take photos or videos of the hazardous condition that caused the fall. This could include images of wet floors, broken tiles, cluttered hallways, or poor lighting.
• Medical records. Document your injuries with detailed medical records that show the extent of the harm you suffered due to the fall. This will help establish the connection between the accident and your physical damages.
• Witness statements. Get their contact information if anyone saw the accident or noticed the hazardous condition before your fall. Their testimony can be extremely valuable in proving that the hospital was negligent.
• Security footage. Many hospitals have security cameras that may have captured the accident. Request access to this footage as it can provide direct evidence of what occurred.

Why You Need an Experienced Attorney

Proving hospital liability for slip and fall injuries can be challenging, particularly when the hospital argues that they are not at fault or that your actions contributed to the accident. This is why it’s important to work with an experienced personal injury attorney who understands the complexities of premises liability claims and can gather the evidence necessary to build a strong case.

At Cochran, Kroll & Associates, P.C., we have extensive experience handling hospital slip and fall cases. Senior partner Eileen Kroll brings a unique advantage to these claims with her registered nurse (RN) background.

Eileen’s medical expertise allows her to fully understand the extent of your injuries and accurately calculate your damages. Having this dual insight into your case’s legal and medical aspects increases your chances of receiving the compensation you deserve.

By working with a skilled attorney, you can ensure that all the elements of liability are proven and that you have the strongest possible case for seeking compensation.

What Compensation Can You Seek After a Slip and Fall in a Hospital?

If you’ve been injured in a slip and fall case at a hospital, you may be entitled to seek compensation for various damages. The compensation you receive can help cover immediate medical costs and the longer-term financial and emotional impacts of your injury. Here are the types of compensation you may be able to recover:

1. Medical Expenses

Medical expenses often make up a large portion of damages in slip and fall cases. After a fall in a hospital, you may face a range of healthcare costs. Compensation typically covers medical care needed due to the accident, including:

• Emergency room visits. Initial treatment for your injuries right after the accident.
• Hospital stays. Costs of hospitalization for more severe injuries that required extended care.
• Surgeries. Expenses related to surgeries needed to treat your injuries.
• Medications. Prescription or over-the-counter drugs used for pain management or healing.
• Rehabilitation. Physical therapy or other treatments to help you recover and regain mobility.

In more severe cases, you might also need to account for future medical expenses, like ongoing treatments or follow-up visits, to fully cover your medical needs.

2. Lost Wages

Injuries often result in time off work, leading to lost income. Compensation for lost wages helps cover the income you would have earned during your recovery, including:

• Time off work. Any wages you missed while recovering from the injury.
• Reduced earning capacity. If your injury limits your ability to return to your previous job or work as effectively, compensation can cover the gap between your previous earnings and your reduced potential.
• Lost benefits. Compensation may also cover benefits you would have earned, such as bonuses, raises, or health insurance contributions during your recovery.

In some cases, injuries may require you to seek new opportunities or retrain for a different career. Compensation may help cover training costs or educational programs to support your transition into a new role.

3. Pain and Suffering

• Physical pain. Chronic or acute pain that persists as a result of the injury.
• Emotional distress. Anxiety, depression, or emotional trauma caused by the accident and its aftermath.
• Loss of enjoyment. If your injury has impacted your ability to participate in activities or hobbies you previously enjoyed, you may also be compensated for this loss.

Courts will often take into account the severity of your injury, the recovery process, and the long-term impact on your quality of life when determining the appropriate amount for pain and suffering.

4. Economic Damages

You may also be eligible to recover other economic damages related to the accident. This can include:

• Home modifications. If your injury leaves you with permanent limitations, you might need to modify your home for accessibility (such as installing ramps or grab bars).
• Transportation costs. Your claim can also include the cost of traveling to and from medical appointments or rehabilitation sessions.

5. Compensation for Wrongful Death

In the tragic event that a slip and fall accident in a hospital results in death, the victim’s family may be able to file a wrongful death claim. This type of compensation can help cover funeral expenses, the deceased person’s lost income, and the emotional loss suffered by the family.

Special Considerations for Hospital Slip and Fall Cases

While filing a premises liability claim against a hospital follows many of the same procedures as other slip and fall cases, there are some special considerations to keep in mind.

Hospitals are often large, complex organizations, which means multiple parties may be involved in your claim. For example, the hospital might contract with outside companies for cleaning or maintenance services, and these companies could share responsibility for the accident.

Hospitals may also try to argue that your fall was due to your medical condition rather than any hazardous condition on the property. This is why having a skilled attorney by your side is essential for proving the hospital’s negligence.

Work With Cochran, Kroll & Associates, P.C. To Seek Fair Compensation

The legal aftermath of a slip and fall accident in a hospital can be overwhelming, but you don’t have to go through it alone. At Cochran, Kroll & Associates, P.C., we understand the challenges you’re facing. With Eileen Kroll’s unique medical and legal expertise, we can build a strong case and fight for the compensation you deserve.

If you’ve been injured in a slip and fall accident at a hospital, contact us for a free consultation. Let us help you get the compensation you need to recover and move forward with your life.

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 (1-866-642-4529) 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.